Protection of Individuals Against Competition Law Violations in the Polish Legal System

Abstract

Six years ago the legal position of individuals in the instigation of proceedings in cases related to anti–competitive practices was significantly weakened in the Polish legal system. The justification for this was an opinion that in proceedings conducted under public law only the most serious competition law violations should be examined. The Author examines whether Polish law excessively restricts the protection of individuals against competition law violations. One may find a description of the system of protection of individuals against competition law violations in Polish law in the article. The Author also examines the problem of public and private interest in protecting against anti–competitive practices. Remarks relating to the issue of the European Union and Polish constitutional standard can be found in the article as well. The Author concludes that it is necessary to prepare a reform which would render the private enforcement of competition law effective in the Polish legal system.