Forgotten Issues When Talking about the More Economic Approach to Competition Law in Poland
Forgotten Issues When Talking about the More Economic Approach to Competition Law in Poland

Summary/Abstract: For the last fifteen years, competition policy in the European Union has been dominated by the ‘more economic approach’, or rather the ‘effects-based approach’, as it has recently been called. A similar trend can be observed in Polish competition law. Its mechanisms have been implemented into normative acts and the National Competition Authority seems to have, at least partially, adopted such approach also. On the other hand, some important issues related to the application of the more economic approach seem to have been overlooked by the Polish debate on this subject. These include questions such as: (i) whether such approach was present in Polish competition law even before the formal economisation of EU competition law; (ii) to what extent should the more economic approach be advocated and what are its limitations; (iii) how economic evidences should be assessed and whether neoclassical economics is enough. These issues will be analysed in the light of the decisions of the UOKiK President and the judgments of the Polish courts. The resulting conclusions will help provide answers to questions on the use of the more economic approach which have so far been avoided in Poland. The final aim of this paper is to assess the stage of the application of the more economic approach to Polish competition law and to assess its future perspectives.

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