I contributed with the chapter on Romanian in this book, initiated and assembled by Anna Piszcz f... more I contributed with the chapter on Romanian in this book, initiated and assembled by Anna Piszcz from the Center for Antitrust and Regulatory Studies (C:A.R.S) from the University of Warsaw, Faculty of Management
IIC - International Review of Intellectual Property and Competition Law
The aim of this article is to critically reflect on how two EU Member States-France and Poland-me... more The aim of this article is to critically reflect on how two EU Member States-France and Poland-meet the requirements of the ECN? Directive with regard to the independence and resources of national competition authorities (NCAs). The article provides an overview of the ECN? Directive in this respect. It also provides an overview of the French and Polish legal frameworks for the independence and resources of their NCAs-pre and post implementation of the ECN? Directive. To this end, the article firstly sheds light on the legal status of the French and Polish NCAs and their independence; the distinctive features of the procedures for appointing and dismissing their decision-making bodies/staff; and a concise comparison of their powers to set priorities and their resources, also against the background of examples from other EU Member States. Secondly, the article identifies some inconsistencies and shortcomings in both the ECN? Directive and (post-ECN? Directive) national laws. Thirdly, it suggests some amendments to the
Helios, Joanna: Publicyzacja prawa prywatnego-prywatyzacja prawa publicznego w kontekście rozważa... more Helios, Joanna: Publicyzacja prawa prywatnego-prywatyzacja prawa publicznego w kontekście rozważań nad prawem europejskim [Publicisation of private law-privatisation of public law in the context of considerations on European law]. Przegląd Prawa i Administracji, 92 (2013) 11 36.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2022
The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to m... more The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. Portal Orzeczeń Sądów Powszechnych). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation—as reported by the courts in written justifications—considering, amongst others, ...
* Dr nauk prawnych; adiunkt w Katedrze Prawa Gospodarczego Publicznego Wydziału Prawa Uniwersytet... more * Dr nauk prawnych; adiunkt w Katedrze Prawa Gospodarczego Publicznego Wydziału Prawa Uniwersytetu w Białymstoku; radca prawny; piszcz@ uwb.edu.pl. www.ikar.wz.uw.edu.pl internetowy Kwartalnik Antymonopolowy i Regulacyjny 2013, nr 1(2) Anna Piszcz Zasady ustalania wysokości kar pieniężnych według projektu ustawy o zmianie ustawy...
PSN: Public Policy in the European Union (Topic), 2017
This paper is the chapter regarding Romania from the book "Implementation of the EU Damages ... more This paper is the chapter regarding Romania from the book "Implementation of the EU Damages Directive in Central and Eastern European Countries", edited by Anna Piszcz at the University of Warsaw Faculty of Management Press and it summarizes the state of play in respect of the implementation in Romania of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union.
The article aims to compare and evaluate solutions with regard to compensatory collective redress... more The article aims to compare and evaluate solutions with regard to compensatory collective redress existing in CEE countries. The author will attempt to illuminate obstacles and challenges to using collective redress as an avenue for antitrust enforcement in CEE countries, as well as possible advantages of the scrutinised legal frameworks. Besides focusing on national provisions, the article will draw on provisions of the Damages Directive and the Commission's Recommendation on collective redress mechanisms. It will open up the field for de lege ferenda proposals also. YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation. Creative Commons Attribution-No Derivative Works 3.0 Poland License. YEARBOOK OF ANTITRUST AND REGULATORY STUDIES 224 ANNA PISZCZ Résumé L'article vise à comparer et évaluer les solutions en matière de recours collectifs en indemnisation existant dans les pays d'Europe centrale et orientale («PECO»). L'auteur a pour le but de mettre en lumière les obstacles et les défis liés à l'utilisation des recours collectifs comme moyen d'application privée du droit de la concurrence dans les PECO, ainsi que les avantages éventuels des cadres juridiques examinés. L'article va se concentrer non seulement sur les dispositions nationales, mais aussi va s'inspirer des dispositions de la Directive Dommages et de la Recommandation de la Commission portant sur les mécanismes de recours collectifs. Cela ouvrira également le terrain pour des propositions de lege ferenda.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2020
The aim of this short essay is to highlight and concisely explore-but not address in depth-some c... more The aim of this short essay is to highlight and concisely explore-but not address in depth-some cultural aspects related to legal languages, legal interpretation and legal translation. We would like to consider briefly the following questions: How can elements of legal language, as exemplified by proper names and euphemisms, be connected with cultural (extra-linguistic) factors influencing language units' formation? How can judicial discourse reflect the culture of a given justice system? How can the legal interpretation affect the degree of legal culture? Are theories of legal interpretation universal or applicable to specific legal cultures? What is the impact of culture on the context of legal translation? How can the cultural background affect the decision to use terms in translation? How does cyberculture impact legal translation?
Th is article concentrates on amendments to the Polish legal framework for consensual dispute res... more Th is article concentrates on amendments to the Polish legal framework for consensual dispute resolution that are needed aft er Antitrust Damages Directive (2014/104/EU). It starts with the general context of changes in consensual dispute resolution resulting from the Directive. In this regard, it provides an overview of approaches to consensual dispute resolution in the Commissions' Green and White papers as well as in the preamble to the Damages Directive. Also, it shows how consensual dispute resolution is defi ned in the Directive. Th e remainder of the article is structured as follows. It continues with the presentation of legal solutions regarding the eff ects of consensual dispute resolution. In short, it explains these eff ects on limitation periods, proceedings and fi nes. Furthermore, the article presents the eff ect of consensual settlements on subsequent actions for damages as well. Both legal solutions contained in the Damages Directive and Polish draft legal provisions implementing the Directive are discussed in this article. It concludes with a short summary.
THE APPLICATION OF LAW AND THE CONTROL OF ITS CONSTITUTIONALITY DISSENTING OPINIONS FILED BY PROF... more THE APPLICATION OF LAW AND THE CONTROL OF ITS CONSTITUTIONALITY DISSENTING OPINIONS FILED BY PROFESSOR LEON KIERES REGARDING THE JUDGMENTS OF THE CONSTITUTIONAL TRIBUNALThis article provides readers with information relating to dissenting opinions fi led by Prof. Leon Kieres regarding the judgments of the Constitutional Tribunal. The intention of the author is to present Professor’s views on the application of law in various contexts. Therefore, separate subsections present a review of his ideas on the following topics: the application of law and the ability to complain to the Constitutional Tribunal, the incorrect application of law/ignorance of law and the assessment of constitutionality, the application of the unconstitutional law and the need for control, the future practice of applying the law and its constitutionality.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2020
The aim of this article is to critically reflect on the Polish transformation taking place in the... more The aim of this article is to critically reflect on the Polish transformation taking place in the interpretation of business law in the form of legal clarifications that can be qualified as a soft law guidance. The article attempts to address the following questions: does the new Polish legal framework offer really novel approaches to the interpretation of business law and/or its tools? What are the peculiarities that characterize the new instrument for the interpretation of business law in the form of legal clarifications? What are the pros and cons of legal clarifications? What is the potential practical importance of the introduced interpretation tool, in particular in the context of certain previously existing tools for the interpretation of legal texts? To this end, first, the article sheds light into types of the interpretation of legal texts as well as soft law guidance. Second, it analyses the distinctive features of legal clarifications. Third, it contains the concise compa...
This paper attempts to address the question of how multilingualism in the EU might affect the con... more This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU.
Soon Member States will bring into force the laws, regulations and administrative provisions nece... more Soon Member States will bring into force the laws, regulations and administrative provisions necessary to comply with the Damages Directive (2014/104/EU). Usually Member States do not seem willing to introduce a broader scope of the application of principles embodied in EU directives. For Member States, “copy-pasting” a directive's content into a piece of national legislation is one of the simplest ways to implement a directive (another very simple one is implementation by reference; it is just referring the reader to the directive and should not be applied where the rules in a directive are not sufficiently precise, so it is not applied very often). Member States that work on the implementation of the Damages Directive either do it in a minimalist manner, mainly "copy-pasting" its content, or take the legislative opportunity to do something more and "tidy up" domestic provisions on the occasion of the transposition of the Directive. Some Member States have c...
Th e aim of this paper is to investigate the (potential) impact of social dialogue on the operati... more Th e aim of this paper is to investigate the (potential) impact of social dialogue on the operation of enterprises, mainly on the basis of legal provisions accompanied by practical evidence drawn from case law. Th is publication starts with the general context of social dialogue in the Polish legal culture. In this regard, it shows how social dialogue is defi ned and, in addition, it provides an overview of legal bases for social dialogue under the national rules and regulations. Th e remainder of the paper is structured as follows. It continues with the presentation of legal solutions regarding complex relations between various representatives of employees. In short, it explains certain aspects of the right to freedom of association. Furthermore, the article presents the special protection of employment relationship durability of employees' representatives (as it has become a recognised fi eld of research and scholarly enquiry) and the challenges in this area. Th e paper concludes with a short summary.
The creation of the English-language version of these publications is financed in the framework o... more The creation of the English-language version of these publications is financed in the framework of contract No. 768/P-DUN/2016 by the Ministry of Science and Higher Education committed to activities aimed at the promotion of education.
YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regul... more YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation. Creative Commons Attribution-No Derivative Works 3.0 Poland License. YEARBOOK OF ANTITRUST AND REGULATORY STUDIES 80 ANNA PISZCZ Directive's expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts. Résumé Le 11 Juin 2013, la Commission européenne a adopté un train de mesures pour lutter contre l'absence de système efficace et cohérent d'application privée du droit de la concurrence dans l'UE et dans ses Etats membres. En particulier, un projet de la Directive relative aux actions en dommages a été proposé afin de répondre au besoin d'introduction d'une approche européenne à l'application privée du droit européen de la concurrence. La Directive relative aux actions en dommages a été finalement adoptée le 26 Novembre 2014. Cet article analyse certains aspects de l'application privée du droit de la concurrence qui n'ont pas reçu l'attention suffisante de la part du législateur européen durant les longs travaux préparatoires et législatifs qui ont précèdes l'adoption de la Directive. L'article aborde également certaines solutions qui n'ont pas été harmonisées et montre comment ces « lacunes » dans le processus d'harmonisation peuvent limiter l'influence de la Directive à la pratique et l'interprétation d'application privée du droit de la concurrence en Europe. En conclusion, l'article affirme que l'harmonisation plus profonde peut être nécessaire afin de transformer réellement l'application privée du droit européen de la concurrence devant les cours nationales.
In this paper a description of the model of Polish preparatory proceedings in civil cases will be... more In this paper a description of the model of Polish preparatory proceedings in civil cases will be presented. By looking at foreign examples of preparatory activities in civil cases first, we will be able to discern what potential advantages and disadvantages are associated with the written or oral (spoken) form of preparatory activities of court actors in the first stage of civil proceedings. In the second main part of the paper the author will turn to Polish counterparts of these preparatory activities and their form. The author will also deliberate on where a change is needed. She will also attempt to propose some measures that might be useful in the current condition of Polish civil proceedings.
pl. Section II.2 and III were written by Anna Piszcz whilst Section IV is a common part. YEARBOOK... more pl. Section II.2 and III were written by Anna Piszcz whilst Section IV is a common part. YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation.
I contributed with the chapter on Romanian in this book, initiated and assembled by Anna Piszcz f... more I contributed with the chapter on Romanian in this book, initiated and assembled by Anna Piszcz from the Center for Antitrust and Regulatory Studies (C:A.R.S) from the University of Warsaw, Faculty of Management
IIC - International Review of Intellectual Property and Competition Law
The aim of this article is to critically reflect on how two EU Member States-France and Poland-me... more The aim of this article is to critically reflect on how two EU Member States-France and Poland-meet the requirements of the ECN? Directive with regard to the independence and resources of national competition authorities (NCAs). The article provides an overview of the ECN? Directive in this respect. It also provides an overview of the French and Polish legal frameworks for the independence and resources of their NCAs-pre and post implementation of the ECN? Directive. To this end, the article firstly sheds light on the legal status of the French and Polish NCAs and their independence; the distinctive features of the procedures for appointing and dismissing their decision-making bodies/staff; and a concise comparison of their powers to set priorities and their resources, also against the background of examples from other EU Member States. Secondly, the article identifies some inconsistencies and shortcomings in both the ECN? Directive and (post-ECN? Directive) national laws. Thirdly, it suggests some amendments to the
Helios, Joanna: Publicyzacja prawa prywatnego-prywatyzacja prawa publicznego w kontekście rozważa... more Helios, Joanna: Publicyzacja prawa prywatnego-prywatyzacja prawa publicznego w kontekście rozważań nad prawem europejskim [Publicisation of private law-privatisation of public law in the context of considerations on European law]. Przegląd Prawa i Administracji, 92 (2013) 11 36.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2022
The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to m... more The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. Portal Orzeczeń Sądów Powszechnych). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation—as reported by the courts in written justifications—considering, amongst others, ...
* Dr nauk prawnych; adiunkt w Katedrze Prawa Gospodarczego Publicznego Wydziału Prawa Uniwersytet... more * Dr nauk prawnych; adiunkt w Katedrze Prawa Gospodarczego Publicznego Wydziału Prawa Uniwersytetu w Białymstoku; radca prawny; piszcz@ uwb.edu.pl. www.ikar.wz.uw.edu.pl internetowy Kwartalnik Antymonopolowy i Regulacyjny 2013, nr 1(2) Anna Piszcz Zasady ustalania wysokości kar pieniężnych według projektu ustawy o zmianie ustawy...
PSN: Public Policy in the European Union (Topic), 2017
This paper is the chapter regarding Romania from the book "Implementation of the EU Damages ... more This paper is the chapter regarding Romania from the book "Implementation of the EU Damages Directive in Central and Eastern European Countries", edited by Anna Piszcz at the University of Warsaw Faculty of Management Press and it summarizes the state of play in respect of the implementation in Romania of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union.
The article aims to compare and evaluate solutions with regard to compensatory collective redress... more The article aims to compare and evaluate solutions with regard to compensatory collective redress existing in CEE countries. The author will attempt to illuminate obstacles and challenges to using collective redress as an avenue for antitrust enforcement in CEE countries, as well as possible advantages of the scrutinised legal frameworks. Besides focusing on national provisions, the article will draw on provisions of the Damages Directive and the Commission's Recommendation on collective redress mechanisms. It will open up the field for de lege ferenda proposals also. YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation. Creative Commons Attribution-No Derivative Works 3.0 Poland License. YEARBOOK OF ANTITRUST AND REGULATORY STUDIES 224 ANNA PISZCZ Résumé L'article vise à comparer et évaluer les solutions en matière de recours collectifs en indemnisation existant dans les pays d'Europe centrale et orientale («PECO»). L'auteur a pour le but de mettre en lumière les obstacles et les défis liés à l'utilisation des recours collectifs comme moyen d'application privée du droit de la concurrence dans les PECO, ainsi que les avantages éventuels des cadres juridiques examinés. L'article va se concentrer non seulement sur les dispositions nationales, mais aussi va s'inspirer des dispositions de la Directive Dommages et de la Recommandation de la Commission portant sur les mécanismes de recours collectifs. Cela ouvrira également le terrain pour des propositions de lege ferenda.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2020
The aim of this short essay is to highlight and concisely explore-but not address in depth-some c... more The aim of this short essay is to highlight and concisely explore-but not address in depth-some cultural aspects related to legal languages, legal interpretation and legal translation. We would like to consider briefly the following questions: How can elements of legal language, as exemplified by proper names and euphemisms, be connected with cultural (extra-linguistic) factors influencing language units' formation? How can judicial discourse reflect the culture of a given justice system? How can the legal interpretation affect the degree of legal culture? Are theories of legal interpretation universal or applicable to specific legal cultures? What is the impact of culture on the context of legal translation? How can the cultural background affect the decision to use terms in translation? How does cyberculture impact legal translation?
Th is article concentrates on amendments to the Polish legal framework for consensual dispute res... more Th is article concentrates on amendments to the Polish legal framework for consensual dispute resolution that are needed aft er Antitrust Damages Directive (2014/104/EU). It starts with the general context of changes in consensual dispute resolution resulting from the Directive. In this regard, it provides an overview of approaches to consensual dispute resolution in the Commissions' Green and White papers as well as in the preamble to the Damages Directive. Also, it shows how consensual dispute resolution is defi ned in the Directive. Th e remainder of the article is structured as follows. It continues with the presentation of legal solutions regarding the eff ects of consensual dispute resolution. In short, it explains these eff ects on limitation periods, proceedings and fi nes. Furthermore, the article presents the eff ect of consensual settlements on subsequent actions for damages as well. Both legal solutions contained in the Damages Directive and Polish draft legal provisions implementing the Directive are discussed in this article. It concludes with a short summary.
THE APPLICATION OF LAW AND THE CONTROL OF ITS CONSTITUTIONALITY DISSENTING OPINIONS FILED BY PROF... more THE APPLICATION OF LAW AND THE CONTROL OF ITS CONSTITUTIONALITY DISSENTING OPINIONS FILED BY PROFESSOR LEON KIERES REGARDING THE JUDGMENTS OF THE CONSTITUTIONAL TRIBUNALThis article provides readers with information relating to dissenting opinions fi led by Prof. Leon Kieres regarding the judgments of the Constitutional Tribunal. The intention of the author is to present Professor’s views on the application of law in various contexts. Therefore, separate subsections present a review of his ideas on the following topics: the application of law and the ability to complain to the Constitutional Tribunal, the incorrect application of law/ignorance of law and the assessment of constitutionality, the application of the unconstitutional law and the need for control, the future practice of applying the law and its constitutionality.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2020
The aim of this article is to critically reflect on the Polish transformation taking place in the... more The aim of this article is to critically reflect on the Polish transformation taking place in the interpretation of business law in the form of legal clarifications that can be qualified as a soft law guidance. The article attempts to address the following questions: does the new Polish legal framework offer really novel approaches to the interpretation of business law and/or its tools? What are the peculiarities that characterize the new instrument for the interpretation of business law in the form of legal clarifications? What are the pros and cons of legal clarifications? What is the potential practical importance of the introduced interpretation tool, in particular in the context of certain previously existing tools for the interpretation of legal texts? To this end, first, the article sheds light into types of the interpretation of legal texts as well as soft law guidance. Second, it analyses the distinctive features of legal clarifications. Third, it contains the concise compa...
This paper attempts to address the question of how multilingualism in the EU might affect the con... more This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU.
Soon Member States will bring into force the laws, regulations and administrative provisions nece... more Soon Member States will bring into force the laws, regulations and administrative provisions necessary to comply with the Damages Directive (2014/104/EU). Usually Member States do not seem willing to introduce a broader scope of the application of principles embodied in EU directives. For Member States, “copy-pasting” a directive's content into a piece of national legislation is one of the simplest ways to implement a directive (another very simple one is implementation by reference; it is just referring the reader to the directive and should not be applied where the rules in a directive are not sufficiently precise, so it is not applied very often). Member States that work on the implementation of the Damages Directive either do it in a minimalist manner, mainly "copy-pasting" its content, or take the legislative opportunity to do something more and "tidy up" domestic provisions on the occasion of the transposition of the Directive. Some Member States have c...
Th e aim of this paper is to investigate the (potential) impact of social dialogue on the operati... more Th e aim of this paper is to investigate the (potential) impact of social dialogue on the operation of enterprises, mainly on the basis of legal provisions accompanied by practical evidence drawn from case law. Th is publication starts with the general context of social dialogue in the Polish legal culture. In this regard, it shows how social dialogue is defi ned and, in addition, it provides an overview of legal bases for social dialogue under the national rules and regulations. Th e remainder of the paper is structured as follows. It continues with the presentation of legal solutions regarding complex relations between various representatives of employees. In short, it explains certain aspects of the right to freedom of association. Furthermore, the article presents the special protection of employment relationship durability of employees' representatives (as it has become a recognised fi eld of research and scholarly enquiry) and the challenges in this area. Th e paper concludes with a short summary.
The creation of the English-language version of these publications is financed in the framework o... more The creation of the English-language version of these publications is financed in the framework of contract No. 768/P-DUN/2016 by the Ministry of Science and Higher Education committed to activities aimed at the promotion of education.
YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regul... more YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation. Creative Commons Attribution-No Derivative Works 3.0 Poland License. YEARBOOK OF ANTITRUST AND REGULATORY STUDIES 80 ANNA PISZCZ Directive's expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts. Résumé Le 11 Juin 2013, la Commission européenne a adopté un train de mesures pour lutter contre l'absence de système efficace et cohérent d'application privée du droit de la concurrence dans l'UE et dans ses Etats membres. En particulier, un projet de la Directive relative aux actions en dommages a été proposé afin de répondre au besoin d'introduction d'une approche européenne à l'application privée du droit européen de la concurrence. La Directive relative aux actions en dommages a été finalement adoptée le 26 Novembre 2014. Cet article analyse certains aspects de l'application privée du droit de la concurrence qui n'ont pas reçu l'attention suffisante de la part du législateur européen durant les longs travaux préparatoires et législatifs qui ont précèdes l'adoption de la Directive. L'article aborde également certaines solutions qui n'ont pas été harmonisées et montre comment ces « lacunes » dans le processus d'harmonisation peuvent limiter l'influence de la Directive à la pratique et l'interprétation d'application privée du droit de la concurrence en Europe. En conclusion, l'article affirme que l'harmonisation plus profonde peut être nécessaire afin de transformer réellement l'application privée du droit européen de la concurrence devant les cours nationales.
In this paper a description of the model of Polish preparatory proceedings in civil cases will be... more In this paper a description of the model of Polish preparatory proceedings in civil cases will be presented. By looking at foreign examples of preparatory activities in civil cases first, we will be able to discern what potential advantages and disadvantages are associated with the written or oral (spoken) form of preparatory activities of court actors in the first stage of civil proceedings. In the second main part of the paper the author will turn to Polish counterparts of these preparatory activities and their form. The author will also deliberate on where a change is needed. She will also attempt to propose some measures that might be useful in the current condition of Polish civil proceedings.
pl. Section II.2 and III were written by Anna Piszcz whilst Section IV is a common part. YEARBOOK... more pl. Section II.2 and III were written by Anna Piszcz whilst Section IV is a common part. YEARBOOK of ANTITRUST and REGULATORY STUDIES www.yars.wz.uw.edu.pl Centre for Antitrust and Regulatory Studies, University of Warsaw, Faculty of Management www.cars.wz.uw.edu.pl Peer-reviewed scientific periodical, focusing on legal and economic issues of antitrust and regulation.
Is the forcing of services on suppliers an abuse of a dominant position? Case comment to the judg... more Is the forcing of services on suppliers an abuse of a dominant position? Case comment to the judgment of the Supreme Court of 19 February 2009-DROP (Ref. No. III SK 31/08) Facts In the decision RPZ 21/2005 issued on 21 July 2005, the UOKiK President established an infringement of Article 8(2)(5) and (1) of the Act of 15 December 2000 on Competition and Consumer Protection 1 (hereafter, Competition Act 2000) by the poultry producer DROP S.A. (hereafter, DROP). DROP was found to have abused its dominant position in the purchase markets of duck hatching eggs and goose hatching eggs. The competition authority identified abuses in the form of: − counteracting the formation of conditions necessary for the emergence or development of competition (in this case-in the veterinary services market), and − the imposition of unfair trading conditions. The same forms of abuse are now listed in Article 9(2)(5) and (1) of the Act of 16 February 2007 on Competition and Consumer Protection 2 (hereafter, Competition Act 2007). The UOKiK President analysed the agreements between DROP and its suppliers of duck hatching eggs and goose hatching eggs. According to UOKiK's analysis, DROP had imposed an unfair contractual provision requiring its suppliers to only use veterinary prevention treatments (in particular vaccinations) performed by SSW, a veterinary surgeon appointed by DROP. The decision was appealed to the Court of Competition and Consumer Protection (hereafter, SOKiK) but the appeal was dismissed in its entirety as groundless. The judgment of SOKiK, upholding the decision in all its aspects, was appealed to the Court of Appeals in Warsaw by DROP, which sustained its original charges. The Court of Appeals agreed with SOKiK that the UOKiK decision was correct. Subsequently, DROP filed a cassation appeal to the Polish Supreme Court claiming that the judgment of the Court of Appeals violated procedural as well as material laws such as Article 8(2)(5), Article 8(2)(1) and Article 1 of the Competition Act 2000. The Supreme Court in its judgment of
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