Abstract

http://ssrn.com/abstract=2130857
 


 



The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings


Rafał Stankiewicz


Warsaw University - Faculty of Law and Public Administration

August 16, 2012

Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 73, 2012

Abstract:     
The main premise of this article is an attempt to determine the scope of application of the provisions of the Administrative Procedure Code (KPA) in antimonopoly proceedings. The legislator has introduced an extensive system of norm-referenced proceeding provisions for antimonopoly law. In matters not regulated by the legislature, however, it refers primarily to the solutions standardised by the provisions of the KPA. In the opinion of the author of the article, the general reference to the KPA contained in Article 82 is associated with the desire to create strong safeguards to protect the rights of businesses involved. It is also to promote stability, consistency and transparency in the application of the model antimonopoly proceedings. It seems that the legislature came to the conclusion that such a premise might be achieved by establishing the Administrative Procedure Code as the basic procedural instrument for proceedings conducted by the UOKiK President. This rather means that the ‘main burden’ of the creation of a complex mechanism for antimonopoly proceedings rests to a greater degree on the KPA.

Number of Pages in PDF File: 17

Keywords: competition, general principles of the Code of Administrative Procedure, antimonopoly (antitrust) proceedings, protection of business rights

Accepted Paper Series


Download This Paper

Date posted: August 17, 2012  

Suggested Citation

Stankiewicz, Rafał, The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings (August 16, 2012). Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 73, 2012. Available at SSRN: http://ssrn.com/abstract=2130857

Contact Information

Rafał Stankiewicz (Contact Author)
Warsaw University - Faculty of Law and Public Administration ( email )
Warszawa, 00-927
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 193
Downloads: 26

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.281 seconds