Relevant bibliographies by topics / Antitrust law – Poland

Academic literature on the topic 'Antitrust law – Poland'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Antitrust law – Poland"

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Piszcz, Anna. "A FEW NOTES ON THE LANGUAGE OF EU ANTITRUST LAW IN ENGLISH-POLISH TRANSLATION." Studies in Logic, Grammar and Rhetoric 34, no. 1 (October 1, 2013): 161–74. http://dx.doi.org/10.2478/slgr-2013-0028.

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Abstract In this paper I would like to present a brief description of the issues in English-Polish translation in the field of antitrust. Ever since Poland became a part of the broadening European integration, the Polish antitrust laws have been strongly “Europeanised”. Many new linguistic elements exist in both the Polish language of antitrust law and Polish legal language. Whatever the cause, the result is a decrease in the quality of the language. The issues of concern are divided into two groups. The first relates to producing Polish versions of EU legal documents concerning antitrust (part 2 of the paper). The second is related to translating English language of antitrust for the purposes of drafting national documents concerning antitrust, both legal documents and documents that are not legally binding (part 3 of the paper). I will then (in part 4 of the paper) turn to areas where a change is needed and propose measures that might be helpful in the current circumstances.
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Polański, Jan. "Dawn Raids and the Role of Forensic IT in Antitrust Investigations." Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 187–218. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.7.

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While digital markets attract much attention of the antitrust community, important developments also take place in relation to the way antitrust investigations are handled and evidence is preserved. More and more enforcement actions of antitrust authorities rely on the ability to find and preserve digital evidence of an illegal activity. This article focuses on recent case law developments in relation to the approach to forensic IT in antitrust enforcement and investigates whether enough leeway is left to the antitrust authorities to properly discharge their powers. The article focuses on the procedural developments at the EU level and in one EU national jurisdiction, i.e. Poland. The article concludes that the current approach to forensics in antitrust does not allow to use available capabilities to a full extent. A proposal is made for an alternative approach, which would benefit effective antitrust enforcement and due process.
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Wolski, Dominik. "The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 69–95. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.3.

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In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and expressed in its Assumptions behind the Draft Act on complaints for damages caused by the breach of competition law. Subsequently, the principle of liability was assessed again at the reconciliation conference held at the Ministry of Justice. This is but a part of a broader discussion about the relationship between the rule of liability existing in national laws being applied to private enforcement cases and EU law as well as limitations arising from the latter. After outlining this interplay, the paper will briefly introduce solutions adopted with respect to the principle of liability in the context of private enforcement in selected European countries. The selection is not random, despite the fact that a limited number of countries has been analysed – eight including Poland. These include the most advanced EU Member States when it comes to private antitrust enforcement (such as the UK, Germany or the Netherlands), along with less developed examples (such as Italy or France), and even underdeveloped countries when it comes to the number and popularity of private antitrust litigations (such as Lithuania and Poland). This sort of analysis paints a relatively comprehensive picture of the adopted solutions in relation to the principles of liability governing private enforcement cases in Europe. The same is true for the issue of the burden of proof and presumptions/binding power in civil proceedings of decisions issued by competition authorities. Furthermore, what seemed to be crucial for the drafters of the Damages Directive, this sort of analysis makes it possible to formulate certain conclusions with respect to the relationship between the effectiveness of private enforcement in a given State and the adopted principle of liability. The final conclusions understandably focus on the Polish example, that is, the implementation of the Damages Directive into the Polish legal system.
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Jurkowska-Gomułka, Agata. "Competition authority in a trap? A few (bitter) words on making public policy by counteracting an unfair use of a contractual advantage in agri-food sector in Poland." Central European Public Administration Review 16, no. 1 (May 31, 2018): 51–66. http://dx.doi.org/10.17573/cepar.v16i1.357.

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A problem of counteracting bargaining powers of retailers, specially in agri-food sector, has been recently addressed by regulations in a few European countries but so far it has not been subject to academic considerations.A paper aims at finding rationales of granting administrative bodies with competences of interfering in contractual relationships between market players in reference to an abuse or misuse of bargaining power and to assess a possibility and probability of balancing public and private interests by administrative bodies applying regulations on counteracting an unfair use of a bargaining power. A point of reference for considerations is a Polish regulation dated from December 2016 - Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products.In a lack of relevant case law a paper is based on a descriptive method of research as well as a method of conceptual analysis.A paper contests a correctness and rationality of selecting a competition authority as an enforcer of a discussed regulation. A competition authority seems to be caught in a trap of opposite (public and private) interests - an antitrust authority shall undertake an intervention in an interest of a private entity which in many situations may be seen as an intervention against public interest.A paper contributes to an ongoing discussion on EU's proposals for actions on eliminating imbalances between big retailing networks and food suppliers.
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REDZIUK, Evhenii. "COOPERATION WITH THE IMF: THE IMPACT ON THE ECONOMIC GROWTH OF THE COUNTRIES OF THE WORLD AND UKRAINE." Economy of Ukraine 2019, no. 5 (June 11, 2019): 57–67. http://dx.doi.org/10.15407/economyukr.2019.05.057.

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The global economic system requires greater coordination and coherence in order not to provoke international financial and economic crises. Therefore, to minimize financial and economic crises, such a powerful center as the IMF functions. In general, the IMF is based on the neoliberal North Atlantic market values; it creates the conditions for cooperation between stakeholders and protects its legitimacy in the long term, increasing its effectiveness. Not all countries can cooperate productively with the IMF; there is sometimes a decline in the rate of economic growth and the intensification of crisis phenomena in their economies (Somalia – 1981; Kenya – 1990s; Indonesia, Malaysia and Thailand – 1997 Argentina – 2001, and others). However, there are positive examples of world-wide cooperation with the IMF: Peru – 1956, Mexico – 1956, 1982 and 1994, Portugal – 2011–2014, Cambodia – 1992, Brazil – 2015–2016, Poland – 2009–2011, Greece and Cyprus – 2009–2010, etc. Cooperation with the IMF is always a definite indicator of the reforms and confidence of Western investors in countries with which the IMF cooperates. Cooperation with the IMF is always a definite indicator of reforms and confidence of Western investors in countries with which the IMF cooperates: if such values prevail in the country, and government institutions are formed fully and impartially (market environment, rule of law, antitrust constraints, infrastructure availability, etc.), then there is the possibility of mutually beneficial cooperation. Without this, cooperation will be ineffective and will not always lead to economic growth. Cooperation with the IMF for Ukraine as of 2015–2020 is important, given the need to ensure financial and economic stability. Such cooperation makes it possible to reduce the interest on servicing and the frequency of entering the international commercial loan markets. However, if cooperation with the IMF is not continued, then the risks of increasing debt burden on the budget, the destabilization of exchange rate policy and, as a consequence, crisis phenomena in Ukraine’s economy will increase. This leads to the intensification of systemic changes and reforms that will allow Ukraine to achieve successful results in cooperation with the IMF.
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Dissertations / Theses on the topic "Antitrust law – Poland"

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NOWAK, Bartlomiej. "Electricity and gas market liberalization in the EU as a part of the Internal Energy Market strategy: a cross-country study - and a lesson for Poland." Doctoral thesis, 2009. http://hdl.handle.net/1814/12013.

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Defence date: 18/05/2009
Examining board: Wladyslaw Czaplinski (Polish Academy of Science, Warsaw); Leigh Hancher (Tilburg University); Heike Schweitzer (EUI); Jacques Ziller (Supervisor, EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
In many EU countries, the infrastructure for supplying electricity and gas (electricity networks, gas pipelines, and storage facilities) are still properties of the so-called vertically integrated undertakings (VIU) responsible for the extraction or generation, supply, and transmission and distribution of the energy. While competition can be promoted in the generation/production and supply side of the vertical integration, transmission and distribution segments remain natural monopolies that hinder market mechanisms. Vertical integration simply raises the possibility for incumbents to favor their own divisions and to block new entrants. As a result, the Electricity and Gas Directives of the European Commission proposed several measures to foster competition in politically delicate structures of the electricity and gas markets. These measures involve non-discriminatory third party access to the gas and electricity infrastructure, independent regulation of the natural monopolies and the unbundling of the VIU. Unfortunately, my research shows that there are still many obstacles to fulfilling the potential of the internal market in electricity and gas. What is more since substantial delays have occurred in implementing the Directives, it is difficult to clearly evaluate what the final effect will be; nevertheless, it is possible to argue that the steps already taken are insufficient to create functional market.
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Books on the topic "Antitrust law – Poland"

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Dietz, Adolf. Protection of intellectual property in Central and Eastern European countries: The legal situation in Bulgaria, CSFR, Hungary, Poland, and Romania. Paris, France: Organisation for Economic Co-operation and Development, 1995.

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Current problems of laws protecting competition: A collection of essays on the laws of the USA, Japan, European Union, Germany, and Poland. Kraków: Nakł. Uniwersytetu Jagiellońskiego, 1994.

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Book chapters on the topic "Antitrust law – Poland"

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Stawicki, Aleksander, Paulina Komorowska, and Juliusz Krzyżanowski. "Poland." In LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 213–29. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55813-4_11.

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Wędrychowska-Karpińska, Aleksandra, Agnieszka Wiercińska-Krużewska, and Marta Banyk. "Poland." In LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 477–97. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55813-4_26.

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Obara-Piszewska, Maria, and Filina Sztandera. "Poland." In LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 503–26. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71419-6_22.

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Stawicki, Aleksander, Bartosz Turno, Tomasz Feliszewski, Krzysztof Kanton, and Katarzyna Karasiewicz. "Poland." In LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 305–28. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27158-3_11.

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Wiercińska-Krużewska, Agnieszka, and Aleksandra Wędrychowska-Karpińska. "Poland." In LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 571–84. Berlin, Heidelberg: Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-45753-5_29.

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Maciej, Bernatt, and Gac Maciej. "Part II The Member State Reports on Transposition of the Directive, 14 Poland." In The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.003.0014.

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This chapter analyses the transposition of the Antitrust Damages Directive in Poland. It first provides an overview of the transposition procedure, focusing on the main stages of the implementation process that culminated in the adoption of the Act on actions for damages for infringements of the competition law provisions (ACD) that came into force on 27 June 2017. The chapter goes on to describe the scope of ACD before considering the novel aspects of Polish implementation with respect to disclosure of evidence, time-barring deadlines, the standing of business and consumer organizations to bring actions, and the possibility of bringing group actions. It also examines problematic issues relating to the effect of National Competition Authorities’ final infringement decisions, passing-on of overcharges, presumption of harm, the competency of courts handling actions for antitrust damages, leniency programmes, and settlement submissions. Finally, it reflects on future prospects for private enforcement of competition law in Poland.
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