PL EN


2017 | 3 (211) | 115-147
Article title

The Role And the Jurisdiction of Civil And Administrative Courts In Antimonopoly Cases In the Light of the Latest Case-law and Normative Amendments

Title variants
Languages of publication
PL
Abstracts
EN
The article presents the latest developments in jurisprudence and the law in relation to the role and the jurisdiction of courts in the antimonopoly cases. The basic assumption of the article is that there exist parallel jurisdiction of civil and administrative courts in competition cases and sometimes it is hard to determine which court is competent to hear particular competition case. The article begins with an analysis of recent changes in the law that influenced jurisdiction of the antimonopoly court. It is followed by the discussion of the latest Supreme Court jurisprudence concerning the role of the antimonopoly court. The next analyzed issue is the identification of all administrative acts issued by the antimonopoly authority together with determination which court is competent to hear appeals against each of them. It provides a good background for a detailed analysis of non-typical acts of the antimonopoly authority with an attempt to clarify which court has jurisdiction over them. The article concludes with critical observation that parallel jurisdiction of civil and administrative courts in competition cases is a source of constant problems. Especially civil courts tend to ignore the fact that administrative court do play a role in competition cases simply because civil courts do not poses legal tools to offer judicial protection for addressees of certain types of actions of the antimonopoly authority.
Year
Issue
Pages
115-147
Physical description
Contributors
  • Instytut Nauk Prawnych PAN, 00-330 Warszawa, ul. Nowy Świat 72, Poland
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-082d630f-1368-4f68-98f0-db42d052061b
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.