Implementing a Competition Law System—Three Decades of Polish Experience

Forthcoming, The Journal of Antitrust Enforcement

61 Pages Posted: 30 May 2019 Last revised: 17 Jul 2019

See all articles by Marek Martyniszyn

Marek Martyniszyn

Queen's University Belfast - School of Law

Maciej Bernatt

University of Warsaw, Faculty of Management

Date Written: May 1, 2019

Abstract

This report critically analyses the introduction and development of a system of competition law in Poland prior to 2016, a period when the country underwent two fundamental transitions: from a centrally planned economy to free markets and from communism to democracy. In particular, the study focuses on the competition agency’s setup, advocacy and enforcement efforts. It also examines the position and input of the judiciary, practitioners and the broader epistemic community. The study uniquely benefits from in-depth interviews with individuals who shaped the Polish system over nearly thirty years of its existence (inclusive of all former heads of the agency, judges, leading practitioners and agency advisors) and from analysis of newly gathered data and statistics. It also draws on broader scholarship on new competition regimes. The findings are aimed to inform refinements in Poland and other countries establishing or developing competition law systems. This study will be particularly salient in countries that are undergoing or have undergone similar economic and/or political transitions.

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

JEL Classification: K21, K23, L40, L44, L50, O10, O43, P30, P31

Suggested Citation

Martyniszyn, Marek and Bernatt, Maciej, Implementing a Competition Law System—Three Decades of Polish Experience (May 1, 2019). Forthcoming, The Journal of Antitrust Enforcement. Available at SSRN: https://ssrn.com/abstract=3391298

Marek Martyniszyn (Contact Author)

Queen's University Belfast - School of Law ( email )

Main Site Tower
Belfast, Northern Ireland BT7 1NN
United Kingdom
+44 28.9097.3495 (Phone)
+44 28.9097.3376 (Fax)

HOME PAGE: http://go.qub.ac.uk/Martyniszyn

Maciej Bernatt

University of Warsaw, Faculty of Management ( email )

Warsaw
Poland

HOME PAGE: http://www.wz.uw.edu.pl/en/pracownicy/lista/maciej-bernatt/cv

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