Keywords
competition law, competition proceedings, procedural fairness, rights of undertakings in competition proceedings, effective competition protection, amendment of the Competition Act 2007
Abstract
The purpose of this article is to analyze which of the rules contained in the currently applicable Competition Act 2007 must be amended in order to increase the level of procedural fairness during proceedings held before the Polish competition authority. The solutions proposed in the article are made in the context of the legislative works conducted at present by the competition authority which aim to improve its effectiveness in detecting infringements of competition rules. It is argued that the currently prepared amendments should be complemented by legislative efforts meant to eliminate existing shortcomings in the Competition Act 2007 as far as procedural fairness is concerned. The proposals made in the article take also into account the criminal character of proceedings concerning competition restricting practices in the sense of Article 6 of the European Convention on Human Rights.
Recommended Citation
Bernatt, M. (2012). Need for revision of the Act on competition and consumer protection. A perspective of procedural fairness. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(1), 85-96. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss1/7
First Page
85
Last Page
96
Page Count
11
Publisher
University of Warsaw