O ISTOCIE POSTĘPOWANIA ANTYMONOPOLOWEGO
ABOUT ESSENCE OF THE ANTI-MONOPOLIST PROCEDURE

Summary/Abstract: Act of 16 February 2007 on competition and consumer protection determines conditions for the development and protection of competition as well as the rules on protection of interests of undertakings and consumers, undertaken in the public interests. According to the article 47, the proceedings before the President of the Office shall be conducted as explanatory proceedings, antimonopoly proceedings and proceedings in cases of practices violating collective consumer interests. The matters not regulated by the Act on competition and consumer protection, as regards the proceedings before the President of the Office, shall be subject to the provisions of the Act of 14 June 1960 – the Code of the Administrative Procedure (article 83). The matters concerning the evidence in the proceedings not regulated in the Act on competition and consumer protection, Articles 227 to 315 of the Act of 17 November 1964 – the Code of Civil Procedure, shall apply accordingly (article 84). Legal means for refuting the decision foreseen in the Code of Administrative Procedure and concerning the resumption of proceedings, revocation, change or assessment of invalidity of decisions shall not apply to the decision of the President of the Office (article 82 (1)). Anti-monopolist procedure exerts all features of administrative procedures at the particular nature (unautonomous procedure).

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