THE SOFT LAW ACTS OF THE UOKIK PRESIDENT AND THEIR IMPACT ON DETERMINING THE POSITION OF AN ENTREPRENEUR IN ANTI-MONOPOLY PROCEEDINGS
THE SOFT LAW ACTS OF THE UOKIK PRESIDENT AND THEIR IMPACT ON DETERMINING THE POSITION OF AN ENTREPRENEUR IN ANTI-MONOPOLY PROCEEDINGS

Summary/Abstract: With the adoption of the acquis communautaire, the Polish administration encountereda significant number of soft law acts issued by the EU administration and began to utilise themextensively. The systematic ‘hardening’ of soft law acts leads to a discrepancy between theirformally non-binding status and their actual intended meaning and effects – often resembling‘hidden directives’ or even more imperative measures, producing legal consequences anddefining the legal situation of e.g. entrepreneurs. Consequently, it is proposed that soft lawacts should be subject to autonomous judicial review in terms of both interpretation andannulment.The President of UOKiK may also issue official explanations and guidelines that fit thedefinition of soft law acts. Guidelines on the amounts of fines for entrepreneurs significantlyimpact the determination of their legal position, and judicial decisions increasingly refer to themethodology of setting fines specified therein without critical examination.

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