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Still-unpopular Sanctions: Developments in Private Antitrust Enforcement in Poland After the 2008 White Paper

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  • Piszcz, Anna

Abstract

The European Commission published a White Paper on 2 April 2008 on damages actions for breach of EU antitrust rules. The content of the White Paper is since then being prepared to be converted into EU legislation on private antitrust enforcement. This paper presents the developments in private antitrust enforcement in Poland after 2 April 2008. It commences with an outline of EU actions in this field which act as an introduction to the more detailed analysis of recent jurisprudential and legislative developments in Poland. The latter part of the paper covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order to establish whether their introduction is likely to help facilitate private antitrust enforcement in Poland and to consider to what an extent are these developments responding to the challenges outlined by the European Commission.

Suggested Citation

  • Piszcz, Anna, 2012. "Still-unpopular Sanctions: Developments in Private Antitrust Enforcement in Poland After the 2008 White Paper," MPRA Paper 48547, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:48547
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    File URL: https://mpra.ub.uni-muenchen.de/48547/1/MPRA_paper_48547.pdf
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    References listed on IDEAS

    as
    1. Jurkowska, Agata, 2008. "Antitrust Private Enforcement – Case of Poland," MPRA Paper 23986, University Library of Munich, Germany.
    2. Podrecki, Pawel, 2009. "Civil Law Actions in the Context of Competition Restricting Practices under Polish Law," MPRA Paper 23818, University Library of Munich, Germany.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Balázs Égert & Antoine Goujard, 2014. "Strengthening Competition in Poland," OECD Economics Department Working Papers 1125, OECD Publishing.

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    More about this item

    Keywords

    private enforcement; bipolar system of enforcement; quantification of harm; follow-on actions; collective redress; non-admission of evidence; consultation document;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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