Keywords
antitrust damage, collective redress, evidence, nullity, private enforcement of competition law, Poland, public enforcement of competition law
Abstract
The article reviews judgments of Polish courts on private enforcement of competition law between 1993 and 2012. A quantitative analysis of this jurisprudence shows that very few cases of that type exist at all. Their qualitative characteristics illustrate that: none of them referred to consumers; none of the claims was a 'pure' damage claim; all of these cases focused on partial or general nullity of contracts concluded as a result of an anticompetitive practice; almost all of them concerned an abuse of a dominant position; only one referred to competition-restricting agreements. The relevant jurisprudence largely focused on the binding force of a prior decision of the Polish competition body upon civil courts. Even if the fact that some cases of this type were at all record might suggest that there is a potential for developing private enforcement of antitrust in Poland, nothing like this actually happened. Unfortunately, the Act on Collective Redress (in force since July 2010) has not contributed to a growth in the number of consumers (or any other entities) engaging in court disputes with undertakings restricting competition.
Recommended Citation
Jurkowska-Gomułka, A. (2013). Private Enforcement of Competition Law in Polish Courts: The Story of an (Almost) Lost Hope for Development. Yearbook of Antitrust and Regulatory Studies, 6(8), 107-128. Retrieved from https://press.wz.uw.edu.pl/yars/vol6/iss8/5
First Page
107
Last Page
128
Page Count
21
Publisher
University of Warsaw
Publication Date
2013-12-01
