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

  • University of Warsaw, Faculty of Management

SCHOLARLY PAPERS

37

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Scholarly Papers (37)

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1.

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 413 (123,353)
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

2.

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 394 (130,146)
Citation 3

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

3.

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
Maciej Bernatt, Marco Botta and Alexandr Svetlicinii
University of Warsaw, Faculty of Management, European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) and University of Macau - Faculty of Law
Downloads 354 (146,590)
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

4.

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 339 (153,506)

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

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 320 (163,343)

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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.

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 320 (163,343)

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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

7.

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 302 (173,538)
Citation 8

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

8.

The Enforcement of Competition Law in the EU: A Critical Overview

Edward Elgar Research Handbook on the Enforcement of EU Law, Forthcoming
Number of pages: 29 Posted: 30 Dec 2022 Last Revised: 10 Jul 2023
Maciej Bernatt and Laura Zoboli
University of Warsaw, Faculty of Management and University of Warsaw
Downloads 259 (204,643)

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competition law, enforcement, competition agencies, courts, European Union, EU law, antritrust, regulatory state

9.

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 232 (226,197)
Citation 3

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

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
Alexandr Svetlicinii, Maciej Bernatt and Marco Botta
University of Macau - Faculty of Law, University of Warsaw, Faculty of Management and European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)
Downloads 222 (235,829)

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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.

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 205 (253,872)

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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

12.

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 197 (263,246)
Citation 2

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

13.

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 176 (290,772)

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

14.

The Double Helix of Rule of Law And EU Competition Law: An Appraisal

European Law Journal 2022, 1-19, DOI: 10.1111/eulj.12422
Number of pages: 19 Posted: 27 Sep 2022
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 167 (304,220)

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Rule of law, competition law, democracy, market regulation, democratic backsliding, EU, Poland, independence, regulatory agencies, competition authorities, enforcement

15.

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 162 (312,214)

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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

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 138 (355,730)
Citation 1

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

17.

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 125 (383,630)

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

18.

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 123 (388,320)

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Competition Law, Competition Policy

19.

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 114 (410,501)

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

20.

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 114 (410,501)

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

21.

Judicial Review of Competition Law Decisions in Poland (2004-2021): A Quantitative and Qualitative Study

Working Paper of the Centre for Antitrust and Regulatory Studies, University of Warsaw No. 1-2023
Number of pages: 46 Posted: 25 Jun 2023 Last Revised: 10 Jul 2023
Maciej Bernatt and Maciej Janik
University of Warsaw, Faculty of Management and Independent
Downloads 113 (413,132)

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judicial review, competition law, antitrust, comparative antitrust, comparative administrative law, enforcement, judicial deference, national competition authority, Regulation 1/2003, rule of law, regulatory agencies, EU, Poland, administrative action, administration

22.

Populism and Public Procurement: An EU Response to Increased Corruption and Collusion Risks in Hungary and Poland

Yearbook of European Law, 2023, 00, 1–37, https://doi.org/10.1093/yel/yeac009
Number of pages: 37 Posted: 18 Jan 2023
Maciej Bernatt and Alison Jones
University of Warsaw, Faculty of Management and King's College London – The Dickson Poon School of Law
Downloads 106 (432,590)

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corruption, public procurement, collusion, bid-rigging, antitrust, competition law, populism, democratic backsliding, rule of law, EU, EU Funds, Hungary, Poland

23.

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 101 (447,776)
Citation 1

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

24.

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 96 (463,055)

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

25.

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 84 (503,474)

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

26.

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 79 (522,120)

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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

27.

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 77 (530,043)

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

28.

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 76 (534,093)

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

29.

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 68 (567,746)

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

30.

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
Marco Botta, Alexandr Svetlicinii and Maciej Bernatt
European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS), University of Macau - Faculty of Law and University of Warsaw, Faculty of Management
Downloads 66 (576,733)
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

31.

Economic Frontiers of the Rule of Law: Sped-Pro V. Commission

60(1) Common Market Law Review 199-216 (2023)
Number of pages: 18 Posted: 13 Jul 2023
Maciej Bernatt
University of Warsaw, Faculty of Management
Downloads 65 (581,335)

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rule of law, due process, European Commission, competition law, antitrust, EU, effective legal protection, independence, competition agencies, NCA, Poland, European Competition Network, democracy

32.

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 62 (595,230)

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

33.

Selectivity of State Aid and Progressive Turnover Taxes – Leaving the Door (Too) Wide Open?: Commission V. Poland

Common Market Law Review 59: 187–202, 2022.
Number of pages: 19 Posted: 30 Aug 2022
Maciej Bernatt and Łukasz Grzejdziak
University of Warsaw, Faculty of Management and University of Lodz - Faculty of Law and Administration
Downloads 51 (652,741)

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state aid, selectivity test, EU, Poland, Hungary, turnover taxes, economic patriotism, protectionism

34.

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 44 (694,539)
Citation 1

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administrative sanctions, administrative penalties, fines

35.

Lessons from Competition Law Enforcement in Central and Eastern Europe: Trade Associations

Number of pages: 30 Posted: 07 Nov 2023
Jasminka Pecotic Kaufman and Maciej Bernatt
University of Zagreb, Faculty of Economics & Business, Department of Business Law and University of Warsaw, Faculty of Management
Downloads 33 (771,251)

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Competition law, Enforcement, Central and Eastern Europe, Trade associations, Post-transition economies

36.

Can Automated State be Trusted? The Role of Rule of Law Safeguards for Governing Automated Decision-Making

Georgia Law Review, Forthcoming
Number of pages: 16 Posted: 04 Nov 2023
Joanna Mazur and Maciej Bernatt
University of Warsaw, Faculty of Management and University of Warsaw, Faculty of Management
Downloads 16 (920,558)

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automated decision making; rule of law; procedures; non-governmental organisations; freedom of information requestes;

37.

Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law

Bernatt M, Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System (Cambridge University Press 2022), https://doi.org/10.1017/9781108609548
Posted: 20 Apr 2022
Maciej Bernatt
University of Warsaw, Faculty of Management

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populism, antitrust, competition law, illiberalism, democratic backsliding, competition agencies, courts, judicial review, markets, democracy, EU, Poland, Hungary