The application of competition law to the activities of entities performing public tasks based on the principles of social solidarity - differences between the Polish and the EU approach

Authors

Marcin Kolasiński, Radca prawny; wspólnik w kancelarii Kieszkowska Rutkowska Kolasiński Kancelaria Prawna sp. j.; doktorant w Zakładzie Europejskiego Prawa Gospodarczego Wydziału Zarządzania Uniwersytetu Warszawskiego

Keywords

competition law, shaping competition, definition of an entrepreneur, entities performing public tasks, social solidarity

Abstract

This article is devoted to the issue of applying competition law to the assessment of the activities of entities performing public tasks on the basis of the principles of social solidarity. Bodies of this type primarily include entities operating in the area of redistribution of health contributions and social insurance contributions. The article contains therefore an analysis of the activities of the National Health Fund and the Social Insurance Institution. It also presents the differences in the approach to identifying such entities as entrepreneurs which are subject to competition law under Polish and EU competition law. Contrary to certain opinions, the specific tasks performed by these entities do not justify their complete exclusion from antitrust control. It is postulated that Polish competition law should be applied to all those manifestations of their activities which can shape competition

Recommended Citation

Kolasiński, M. (2014). The application of competition law to the activities of entities performing public tasks based on the principles of social solidarity - differences between the Polish and the EU approach. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(6), 38-51. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss6/3

First Page

38

Last Page

51

Page Count

13

Publisher

University of Warsaw