Results found: 2

Search results

Search:
in the keywords: private parties

Sort By:

Limit search:

Civil Law Actions in the Context of Competition Restricting Practices under Polish Law

100%

Podrecki P.

Yearbook of Antitrust and Regulatory Studies

2009

vol. 2(2)

77-98

This paper’s aim is to describe the rules governing the assertion of civil law liability in the event of a competition law infringement. Given the planned adoption and implementation of a new EU legislative package concerning private enforcement, it is useful to determine what legal instruments and procedures are already available under Polish civil law that serve the protection of market players. This paper will specify the legal basis for the assertion of civil claims associated with competition law infringements and present its particularity. Considered will be the provisions of the Polish Civil Code as well as the provisions of the law on combating unfair competition and the law on unfair market practices. Discussed will be the full catalogue of civil law claims that can be asserted in relation to antitrust infringements as well as the specific purposes of civil law liability in this context. The paper will also assess the model of determining the effects of competition law violations and analyse whether private law principles for the calculation of loss can be applied in antitrust infringement cases. Finally, the paper will discuss the issue of settling the convergence of liability problem and the proposal concerning the introduction into the Polish legal system of class actions.

Antitrust Private Enforcement – Case of Poland

86%

Jurkowska A.

Yearbook of Antitrust and Regulatory Studies

2008

vol. 1(1)

59-79

This article presents the main difficulties surrounding private enforcement of antitrust law in Poland, currently the key implementation problem in the field of antitrust law. Whereas the basic standards concerning the public pillar of antitrust enforcement have already been established, either in the European Community (EC) or in its Member States, the private pillar of antitrust enforcement has not yet been fully developed. The fact that private enforcement of antitrust law is possible, and in fact equal, to public enforcement is not yet commonly recognized. In response to the European Commission’s White Paper on Damages actions for breach of the EC antitrust rules, private enforcement of antirust law is presently under intense discussion in EC Member States. This article should be considered as one of the contributions to this debate. It presents the main legal framework of private enforcement of antitrust law in Poland. In order to do so, it directly refers to the Polish Act on competition and consumer protection, the Civil Code and the Civil Procedure Code. This article also discusses Polish case law in this area. It aims to assess whether existing Polish legal provisions are, in fact, sufficient to ensure effective private enforcement of Polish as well as EC antitrust law. The article refers to the main proposals of the European Commission’s White Paper. It is concluded that private enforcement of antitrust law is indeed possible in Poland on the basis of currently applicable procedural rules, even if there are no special instruments designed to facilitate it. However, it cannot be expect that in the current legal climate, private parties will eagerly and frequently apply for damages in cases of a breach of Polish antitrust law. Antitrust cases are special in many aspects and, thus, they require specific solutions in procedural terms. This article aims to pinpoint those areas, where the Polish law needs to be changed in order to develop and promote private enforcement of antitrust law in Poland.

Refine search results

2 Yearbook of Antitrust and Regulatory Studies

1 Jurkowska A.

1 Podrecki P.

1 2009

1 2008

Search results

Civil Law Actions in the Context of Competition Restricting Practices under Polish Law

Antitrust Private Enforcement – Case of Poland