The need for procedural improvements in the newly amended Act on Competition and Consumer Protection Cover Image

O potrzebie doskonalenia rozwiązań procesowych w znowelizowanej z dniem 18 stycznia 2015 r. ustawie o ochronie konkurencji i konsumentów
The need for procedural improvements in the newly amended Act on Competition and Consumer Protection

Author(s): Maciej Bernatt, Bartosz Turno
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: right to be heard; oral hearing; Legal Professional Privilege; settlements; personal liability in competition law

Summary/Abstract: This article points out a series of shortcomings related to the recent amendment to the Act on Competition and Consumer Protection that came into effect on 18 January 2015. First and foremost, the article enumerates those legal mechanisms which were not (and yet should have been) included in the amendment. They include: proper guarantees of the right to be heard, amendments to administrative hearings, and legal professional privilege. The second part of the article takes a deeper look at new legal instruments introduced into the Competition Act by the amendment – the settlement procedure and financial liability of managers. The Authors list deficiencies within their scope, and make an attempt at suggesting ways to improve them by making de lege lata and de lege ferenda proposals.

  • Issue Year: 4/2015
  • Issue No: 2
  • Page Range: 75-92
  • Page Count: 18
  • Language: Polish