Keywords
leniency programme, harmonisation, spontaneous harmonisation, legislative harmonisation, judicial harmonisation, competition law
Abstract
Leniency programmes in competition law make it possible to grant immunity from fines, or a reduction of any fine that would otherwise have been imposed on an undertaking who was a party to an unlawful agreement restricting competition. This immunity or fine reduction is granted as a reward for the cooperation with the competition authority and the provision of evidence of an unlawful agreement restricting competition. Legal rules regarding the application of leniency programmes have been introduced at the EU level as well as in the national legislations of numerous countries, including Polish law. The author makes an attempt to establish the degree to which the Polish leniency programme is an effect of the impact of EU law or the application of law within the EU (for instance, by its institutions). The analysis has been made on three levels. Examined first was the degree to which the Polish leniency programme is a result of spontaneous harmonisation. Second, the impact of legislative harmonisation in the area of leniency programmes was taken into consideration. Finally, it was verified whether those Polish authorities that apply Polish competition law are inspired by judgements issued by EU courts in cases regarding leniency programmes
Recommended Citation
Korycińska-Rządca, P. (2018). Europeanisation of the Polish Leniency Programme. Yearbook of Antitrust and Regulatory Studies, 11(18), 61-83. https://doi.org/10.7172/1689-9024.YARS.2018.11.18.3
First Page
61
Last Page
83
Page Count
22
DOI
10.7172/1689-9024.YARS.2018.11.18.3
Publisher
University of Warsaw
Publication Date
2018-12-30