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

Concurrences No. 1-2018

18 Pages Posted: 23 Oct 2017 Last revised: 24 Jan 2018

See all articles by Maciej Bernatt

Maciej Bernatt

University of Warsaw, Centre for Antitrust and Regulatory Studies

Marcin Mleczko

Polish Academy of Sciences, Institute of Legal Studies

Date Written: October 20, 2017

Abstract

The article attempts to answer the question: to what extent can non-competition considerations play a role in the application of Polish competition law? Background analysis of EU competition law is also provided. Attention is focused on the meaning of ‘public interest’ invoked in Article 1 of the Polish Competition Act. It is analysed whether public interest is associated only with economic goals of competition law (consumer welfare) or it is related to other goals that can be pursued in the public interest, such as protection of public health or protection of environment. Two specific cases are discussed in this context.

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

JEL Classification: K21

Suggested Citation

Bernatt, Maciej and Mleczko, Marcin, Public Interest and a Place for Non-Competition Considerations in Polish Competition Law (October 20, 2017). Concurrences No. 1-2018. Available at SSRN: https://ssrn.com/abstract=3056521 or http://dx.doi.org/10.2139/ssrn.3056521

Maciej Bernatt

University of Warsaw, Centre for Antitrust and Regulatory Studies ( email )

Warsaw
Poland

HOME PAGE: http://www.cars.wz.uw.edu.pl/news_gb.html

Marcin Mleczko (Contact Author)

Polish Academy of Sciences, Institute of Legal Studies ( email )

Nowy Swiat 72
Warsaw
Poland

HOME PAGE: http://www.inp.pan.pl/kadra/mgr-marcin-mleczko/

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