Keywords
European Convention of Human Rights, fines for antitrust and energy law delicts, antitrust law, energy law
Abstract
Standards of protection of human rights set out by the ECHR induce Polish courts to treat elements of a given perpetrator’s attitude to his own behaviour as a condition for the imposition of fines for infringements of the Competition and Consumer Protection Act and the Energy Law Act. The paper examines case law from 2010 until now, in order to determine whether it has become consistent and permanent judiciary practice to take into account the standards of the ECHR and, consequently, the perpetrator’s ‘guilt’ as the admissibility requirement for the imposition upon him of fines for antitrust and energy law violations. If such was the case, what arguments do courts put forward, bearing in mind that such a requirement is not set out by statutes.
Recommended Citation
Urbańska-Arendt, M. (2017). Impact of the ECHR on the inclusion of ‘guilt’ as a condition for the admissibility of fines for antitrust and energy law violations. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 6(6), 42-54. https://doi.org/10.7172/2299-5749.IKAR.6.6.4
First Page
42
Last Page
54
Page Count
12
DOI
10.7172/2299-5749.IKAR.6.6.4
Publisher
University of Warsaw
