Polish Antitrust Law in its Fight Against Cartels – Awaiting a Breakthrough

Rajmund Molski, Chair of Public Economic Law and Management, Faculty of Law, University of Szczecin

Keywords

cartels, cartel prohibition, investigatory powers, leniency programme, anti-cartel sanctions, anti-cartel enforcement

Abstract

This paper presents the basic elements of the Polish anti-cartel regime and suggests what potential changes would be likely to improve it. Considered here are: the legal framework of anti-cartel enforcement in Poland as well as the performance of the Polish antitrust authority in its fight against cartels. Special attention is devoted to the substantive provisions of the cartel prohibition, investigatory powers of the antitrust authority, including the leniency programme, and the arsenal of sanctions available in cartels cases. The paper will show that Poland has sound anti-cartel laws and an antitrust authority determined to enforce them effectively. Notwithstanding its generally positive conclusions, the paper will conclude with some suggestions de lege ferenda which are likely to improve the Polish anti-cartel regime making its fight against cartels more dynamic.

Recommended Citation

Molski, R. (2009). Polish Antitrust Law in its Fight Against Cartels – Awaiting a Breakthrough. Yearbook of Antitrust and Regulatory Studies, 2(2), 50-76. Retrieved from https://press.wz.uw.edu.pl/yars/vol2/iss2/3