Ways of Harmonising Polish Competition Law with the Competition Law of the EU

Authors

Krystyna Kowalik-Bańczyk, Dr. hab. Krystyna Kowalik-Bańczyk, Professor at the Department of Competition Law, Institute of Law Studies, Polish Academy of Sciences, Warsaw; Faculty of Management and Economics, Gdansk University of TechnologyFollow

Keywords

harmonisation, spontaneous harmonisation, judicial harmonisation, convergence of competition law regimes in the European Union

Abstract

This article discusses the harmonisation of laws within the EU focusing on the specific ways of achieving an approximation of the Polish legal system with European competition law. It identifies and gives an overview of three specific ways of harmonising national laws with EU antitrust provisions: (1) spontaneous (or bottom-up) harmonisation; (2) judicial harmonisation and; (3) legislative harmonisation by means of EU Directives. With respect to the last category, particular attention is drawn to the legislative competences of the EU, allowing it to harmonise antitrust issues either on the basis of Articles 103 and 114 TFUE, or perhaps even on the basis of Article 82 TFEU

Recommended Citation

Kowalik-Bańczyk, K. (2014). Ways of Harmonising Polish Competition Law with the Competition Law of the EU. Yearbook of Antitrust and Regulatory Studies, 7(9), 141-159. Retrieved from https://press.wz.uw.edu.pl/yars/vol7/iss9/7

First Page

141

Last Page

159

Page Count

18

Publisher

University of Warsaw

Publication Date

2014-01-01