The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings
Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 73, 2012
17 Pages Posted: 17 Aug 2012
Date Written: August 16, 2012
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.
Keywords: competition, general principles of the Code of Administrative Procedure, antimonopoly (antitrust) proceedings, protection of business rights
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