Reforms of Polish Antitrust Law: Closer to, or Further From, the European Model?

摘要

The reform of the Polish antitrust regime has brought about several new and improved solutions in the Polish antitrust system. It seems to the author that the undertaken reform mirrors the developments in the practice and application of Competition Law both in the European Union itself and its various Member States. Thus an even broader convergence between the Polish and European solutions is clearly" one of its main effects.~(38) Unfortunately however, the amendment did not produce any clear convergence of the legal standards for undertakings taking part in antitrust proceedings. One can state that two trends are visible in this reform. First, there is a clear Europeanisation of some solutions (eg merger controls or introduction of remedies), leaving open the issue of the possible application of the EU judicial acquis to the new Polish provisions. Second, a further convergence with other Member States' antitrust law regimes can also be observed, with the leading example being the introduction of individual liability for antitrust infringements.