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

Abstract

The Article discusses how soft law guidelines can be used to achieve greater convergence with EU procedural rules in relation to undertakings’ due process rights as well as national competition authorities (NCAs) greater transparency. The approach taken in this respect in 2015 by Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, UOKiK) is novel and possible to be envisaged by other NCAs. The UOKiK - in reaction to criticism voiced in Poland for some time - adopted: (1) guidelines introducing EU-like statement of objections; (2) guidelines regulating undertakings direct contact with UOKiK representatives; (3) new policy concerning publication of all judicial rulings reviewing the UOKiK decisions; (4) and new policy concerning public access to UOKiK market analysis; (5) In addition, internal evaluation committee inside the UOKiK was established.

This Article presents these developments. It also discusses potential risks stemming from taking soft-law approach in the field of defense rights.

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

JEL Classification: L40, K21