Traktatowe swobody rynku wewnętrznego a wspólnotowe prawo konkurencji. Między konwergencją a dywergencją
Ec competition rules and the freedoms of the internal market. Between convergence and divergence

Summary/Abstract: Rules of competition and the four freedoms of the intemal market are one of the most important part of the EC Treaty. Their importance consist in constituing the intemal market, which has to be understood as area without intemal frontiers in which the free movement of goods, persons, services and Capital is ensured. Without any doubt we can say, that rules of competition and the four freedoms are the foundations of the intemal market. Each of these philars contributes to the proper functioning of the intemal market in different way. Rules of competition are intended to eliminating anticompetitive practices, which are carried out by undertakings. In contrast to that, the four freedoms are directed against Member States and they compel them to abolish all barrier frustrating the free movement. Rules of competition are concemed mainly with activity of private parties (economic operators), which are engaged in the economic life. At the same time the four freedom are linked with powerfull activity of Member State, which can be named imperium. Nevertheless, in the doctrine of EC law and mainly in the jurisprudence of the European Court of Justice there were observed many similarities between these two set of Treaty rules. Abovementioned similarities are aparent in such fields as: objects of these rules (finally they have one common object: intemal market), adressee of the basie prohibitions (rules of competition are adresed not only to the undertakings, but also to the Member State, for example within the framework of so calłed State Action Doctrine; four freedoms are binding not only for Member States but also determine - at least partly - activity of the private parties) and the exceptions from these two set of rules (these exceptions have its source directly in the text of Treaty and also in the jurisprudence of the ECJ). Worth of mentionig here is also such tendence in the jurisprudence of the ECJ, which consist in using some constructions elaborated in one field (e.g. four freedoms) in order to resolve some problems growed in the second field (e.g. competition rules). Reasuming we can say, that descibed similarities are sign of process of convergence, which takes place in the sphere of judical rules goveming the intemal market.

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