Maciej Bernatt

University of Warsaw, Faculty of Management

Centre for Antitrust and Regulatory Studies / director; Department of European Economic Law / head

Warsaw

Poland

http://www.wz.uw.edu.pl/en/pracownicy/lista/maciej-bernatt/cv

SCHOLARLY PAPERS

28

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12

CROSSREF CITATIONS

12

Scholarly Papers (28)

1.

Implementing a Competition Law System—Three Decades of Polish Experience

8(1) Journal of Antitrust Enforcement 165-215 (2020)
Number of pages: 61 Posted: 30 May 2019 Last Revised: 27 Aug 2020
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 382 (101,614)
Citation 2

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competition law, antitrust, competition law institutions, legal institutions, institutional design, enforcement, competition advocacy, courts, economic development, developing country, Poland

2.

Transatlantic Perspective on Judicial Deference in Administrative Law

22(2) Columbia Journal of European Law 275, 275-325 (2016)
Number of pages: 51 Posted: 22 Aug 2015 Last Revised: 15 Apr 2016
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 358 (109,293)
Citation 3

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judicial review, judicial deference, adiministrative agencies, antitrust, competition law, competition proceedings, right to fair trail, Article 6 ECHR, procedural fairness, due process

3.

Convergence of Procedural Standards in the European Competition Proceedings

2012 8(3) Competition Law Review 255-283
Number of pages: 29 Posted: 29 Mar 2013
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 303 (131,054)

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competition proceedings, procedural standards, enforcement of competition law, antitrust, right of defence, procedural fairness, National Competition Authorities, European Competition Network, European Convention on Human Rights, Charter of Fundamental Rights

4.

The Right of Defense in the Decentralized System of EU Competition Law Enforcement: A Call for Harmonization from Central and Eastern Europe

World Competition: Law and Economics Review, Vol. 41, No. 3, 2018
Number of pages: 33 Posted: 25 Jul 2018 Last Revised: 08 Aug 2018
University of Warsaw, Faculty of Management, European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)Max Planck Institute for Innovation and Competition and University of Macau - Faculty of Law
Downloads 240 (166,015)
Citation 4

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Right Of Defense, Due Process, ECN Directive; National Competition Authorities, European Commission, Decentralized Application Of Arts 101-102 TFEU, Central And Eastern Europe

5.

Rule of Law Crisis, Judiciary and Competition Law

Legal Issues of Economic Integration 46, no. 4 (2019): 345–362
Number of pages: 18 Posted: 07 Aug 2019 Last Revised: 17 Dec 2019
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 227 (175,168)

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competition law, antitrust, judiciary, national courts, rule of law, rule of law crisis, independence, expertise, judicial review, Member States, enforcement of competition law, European Union, Poland, Hungary, CEE

6.

Illiberal Populism: Competition Law at Risk?

Number of pages: 55 Posted: 30 Jan 2019 Last Revised: 27 Dec 2021
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 202 (195,374)
Citation 5

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Rule of law, populism, illiberalism, independence, courts, competition agencies, protectionism, EU, ECN+ Directive

7.

The Compatibility of Deferential Standard of Judicial Review in the EU Competition Proceedings with Article 6 of the European Convention on Human Rights

Institute for Consumer Antitrust Studies Working Papers, Loyola University Chicago
Number of pages: 30 Posted: 11 Jun 2014 Last Revised: 21 Oct 2014
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 197 (199,812)
Citation 3

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judicial review, competition proceedings, right to fair trail, Article 6 of ECHR, deference, procedural fairness, due process

8.

Competition Law and the Digital Economy: Poland

Number of pages: 12 Posted: 07 Aug 2019 Last Revised: 14 Feb 2020
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 196 (200,744)

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Digital Markets, Digital Economy, Platforms, Data, Big Data, Poland, Competition Law, Antitrust, Market Power

9.

Procedural Fairness in the Proceedings Before the Competition Authority (Sprawiedliwość proceduralna w postępowaniu przed organem ochrony konkurencji)

WYDAWNICTWO NAUKOWE WYDZIALU ZARZADZANIA, Uniwersytetu Warszawskiego, Warszawa, 2011
Number of pages: 378 Posted: 11 Jan 2012 Last Revised: 26 Jul 2012
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 161 (237,947)

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competition proceedings, antitrust proceedings, procedure, competition agency, right to be heard, right of defence, business secret, judicial review, due process, right to fair hearing, procedural fairness, fundamental rights and competition law, European Convention on Human Rights

10.

The Dark Matter in EU Competition Law: Non-Infringement Decisions in the New EU Member States Before and After Tele2 Polska

European Law Review, Vol. 43, No. 3, pp.424-446, 2018
Number of pages: 34 Posted: 09 Nov 2017 Last Revised: 28 Jun 2018
University of Macau - Faculty of Law, University of Warsaw, Faculty of Management and European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)Max Planck Institute for Innovation and Competition
Downloads 156 (244,325)

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Anti-competitive practices, Bulgaria, Competence, Croatia, Czech Republic, Declarations of non-infringement, EU law, National competition authorities, Poland, Romania, Slovakia

11.

Right to Be Heard or Protection of the Confidential Information? Competing Guarantees of Procedural Fairness in the Proceedings Before the Competition Authority

Yearbook of Antitrust and Regulatory Studies, Vol. 3, No. 3, 2010
Number of pages: 18 Posted: 16 Jul 2011 Last Revised: 30 Oct 2012
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 155 (245,637)

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procedural fairness, right to be heard, protection of business secrets, confidential information, right of defence, antimonopoly (antitrust) procedure

12.

The Principle of Procedural Fairness and its Implementation in the Administrative Proceedings - Perspective of the Country in the Democratic Transition

VIIIth World Congress of Constitutional Law, Mexico City, 6-10 December 2010, Polish Reports, Wydawnictwo Sejmowe, Warszawa 2012
Number of pages: 17 Posted: 16 Jun 2011 Last Revised: 04 Mar 2013
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 144 (260,818)

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procedural fairness, competition authorities, antitrust proceedings, right to be heard, right of defence, judicial review, European Convention on Human Rights, administration

13.

Public Interest and a Place for Non-Competition Considerations in Polish Competition Law

Concurrences No. 1-2018
Number of pages: 18 Posted: 23 Oct 2017 Last Revised: 24 Jan 2018
Maciej Bernatt and Marcin Mleczko
University of Warsaw, Faculty of Management and Polish Academy of Sciences, Institute of Legal Studies
Downloads 143 (263,802)
Citation 1

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competition law, antitrust, public interest, goals of competition law, Poland, European Union

14.

The Polish Competition Authority Submits a Draft Amendment to the Polish Competition Act: Revolution or Fine-Tuning?

e-Competitions, N°50563, February 2013
Number of pages: 6 Posted: 31 Jan 2013
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 115 (308,588)

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Competition Law, Competition Policy

15.

McWane and Judicial Review of Federal Trade Commission Decisions - Any Inspirations for EU Competition Law?

38(6) European Competition Law Review 288 (2017)
Number of pages: 17 Posted: 24 Jul 2017
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 103 (332,772)

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Competition Law, Judicial Review, Judicial Deference, Courts, Competition Agencies, Federal Trade Commission, European Commission

16.

Effectiveness of Judicial Review in the Polish Competition Law System and the Place for Judicial Deference

Yearbook of Antitrust and Regulatory Studies, Vol. 2016, 9(14)
Number of pages: 28 Posted: 12 Jan 2017
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 94 (353,073)

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competition law, antitrust, judicial review, judicial deference, due process, procedure, courts, administration, EU, Central and Eastern Europe, Poland

17.

On Convergence with Hiccups. Recent Amendments to Poland's Competition Law

36(1) European Competition Law Review 8, Queen's University Belfast Law Research Paper No. 04
Number of pages: 11 Posted: 28 Jan 2015 Last Revised: 24 Apr 2015
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 83 (381,262)
Citation 1

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Competition law, Poland, Procedures, Settlement, Sanctions, Fines, Leniency, Leniency plus, Criminal sanctions, Reform, Inspection Powers

18.

Statutory Anti-Constitutionalism

28 Washington International Law Journal (2019)
Number of pages: 39 Posted: 30 May 2019
Maciej Bernatt and Michał Ziółkowski
University of Warsaw, Faculty of Management and Kozminski University - School of Law
Downloads 78 (395,350)

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liberal democracy, constitutionalism, constitutional tribunals, courts, populism, Poland

19.

The Polish Competition Authority Publishes its Annual Report for 2012

National Competition Laws Bulletin, 'e-Competitions', No.53114, July 2013-I
Number of pages: 7 Posted: 01 Aug 2013
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 77 (398,303)

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Competition Law, Competition Policy, Antitrust Enforcement, Leniency, Competition Advocacy

20.

Can the Right to Be Heard Be Respected Without Access to Information About the Proceedings? Deficiencies of National Competition Procedure

Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 91, 2012
Number of pages: 20 Posted: 17 Aug 2012 Last Revised: 26 Feb 2016
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 74 (407,265)

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competition proceedings, antitrust proceedings, competition authority, right to be heard, due process, right to fair hearing, procedural fairness, fundamental rights

21.

Catching-Up with EU Due Process Standards. A Case of Poland's Soft Law Guidelines

37(6) European Competition Law Review 246 (2016)
Number of pages: 12 Posted: 10 Jun 2016 Last Revised: 10 Jul 2016
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 67 (429,548)

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Competition law, Poland, Procedures, Soft law, Guidelines, Right to defense, Transparency, Competition agencies

22.

Powers of Inspection of the Polish Competition Authority - Question of Proportionality

Yearbook of Antitrust and Regulatory Studies, Vol. 2011, No. 4, p. 5, 2012
Number of pages: 20 Posted: 21 Feb 2012 Last Revised: 26 Jul 2012
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 62 (446,868)

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competition proceedings, antitrust proceedings, dawn raids, inspection, right to privacy, right of defense, judicial control over the administrative proceedings, procedural fairness

23.

Tailor-Made Rules Needed: A Balanced Approach to Imposition of Administrative Sanctions in Poland

Jean Monnet Working Paper 22/14, New York University School of Law
Number of pages: 31 Posted: 02 Jul 2014 Last Revised: 30 Jun 2020
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 55 (472,887)

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Administrative sanctions, civil fines, procedural fairness, administrative liability, efficiency

24.

Transposition of the EU Antitrust Damages Directive in Poland

The EU Antitrust Damages Directive: Transposition in the Member States, eds. Barry Rodger, Miguel Sousa Ferro, Francisco Marcos, Oxford University Press, Forthcoming
Number of pages: 15 Posted: 26 Jul 2017 Last Revised: 29 Nov 2017
Maciej Bernatt and Maciej Gac
University of Warsaw, Faculty of Management and Hogan Lovells
Downloads 49 (497,355)

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competition law, antitrust, private enforcement, Antitrust Damages Directive, Poland, courts

25.

Mandate of Competition Agency in Populist Times

Eleanor M. Fox Liber Amicorum, Antitrust Ambassador to the World, Concurrences 2021
Number of pages: 14 Posted: 12 Jan 2022
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 44 (519,618)

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administrative agencies, competences, prioritization, mandate, coherence, Poland, goals, antitrust, competition law, consumer protection, unfair market practices

26.

The Control of Polish Courts Over the Infringements of Procedural Rules by the National Competition Authority: Case Comment to the Judgement of the Supreme Court of 19 August 2009 - Marquard Media Polska (No. III SK 5/09)

Yearbook of Antitrust and Regulatory Studies, Vol. 2010, 2010
Number of pages: 6 Posted: 16 Jul 2011 Last Revised: 26 Jul 2012
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 44 (519,618)

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national competition authority, judicial review, antitrust proceedings, competition proceedings, judicial control over administratve proceedings

27.

Administrative Sanctions: Between Efficiency and Procedural Fairness

9(1) Review of European Administrative Law (2016), 5-32
Number of pages: 28 Posted: 29 Jun 2020
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 14 (703,783)

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administrative sanctions, administrative penalties, fines

28.

The Assessment of the Effect on Trade by the National Competition Authorities of the 'New' Member States: Another Legal Partition of the Internal Market?

Common Market Law Review, Vol. 52, No. 5, 2015
Number of pages: 33 Posted: 25 Sep 2015 Last Revised: 16 Apr 2021
European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)Max Planck Institute for Innovation and Competition, University of Macau - Faculty of Law and University of Warsaw, Faculty of Management
Downloads 10 (735,505)
Citation 2

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competition law, EU competition law, European Competition Network, national competition authority, effect on trade, Bulgaria, Czech Republic, Estonia, Poland, Romania, Slovakia