Competence of Common Courts in Poland in Competition Matters
WKB Wierciński, Kwieciński, Baehr
August 16, 2012
Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 57, 2012
The main aim of this article is to present current judicial practice, concerning hearing cases stemming from appeals of Polish Competition Authority decisions. The relevant court tends to review the cases only on merits, omitting to address procedural infringements, clearly stated by the parties in appeals. In author’s opinion this common practice does not have a legal leg to stand on. Author analyses relevant laws and precedents pointing out, that full review of the decision is Court’s duty, which could not be neglected. Furthermore, according to ECHR rulings procedural guaranties should be assured on high level, especially in matters, where quasi-criminal fines are concerned. As a legal practitioner Author perceives possible crippling effect on effectiveness, assuming that the Court would have to review all steps of the proceedings before Competition Authority. So in conclusion Author proposes a compromise solution asserting, that the Court should at least address all procedural infringement counts stated in appeal.
Number of Pages in PDF File: 15
Keywords: antitrust proceedings, competition, judicial review, National Competition Authority, fines, due course of law, procedural safeguards, procedural infringements
Date posted: August 17, 2012