INSTYTUCJONALNE MODELE WDRAŻANIA REGUŁ KONKURENCJI NA ŚWIECIE – WNIOSKI DLA POLSKI
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Date
2011
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
INSTITUTIONAL MODELS OF COMPETITION LAW ENFORCEMENT
Abstract
The paper presents preliminary results of an extensive research project on Institutional Models of
Competition Law Enforcement Worldwide Conclusions for Poland which is underway at the Centre of
Antitrust and Regulatory Studies of the University of Warsaw. On the example of the enforcement
systems used in 27 EU Member States, the research hypothesis that there exist 3 main institutional
models of public enforcement of competition law: judicial, administrative, and mixed, has been revised
and 6 sub-models have been added and characterised within the administrative model. The analysis
covers a variety of institutional solutions used to separate the investigative and adjudicative powers of
public authorities, the level of their interdependence, their impartiality and expertise. The increasing
role of courts as judicial reviewers in the procedure as well as merits of competition cases are also
considered.
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Keywords
Reguły konkurencji, Competition law, Modele instytucjonalne, Institutional models
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 73, 2011, z. 2, s. 77-98