Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law
This paper is devoted to the Polish leniency programme, including the conditions of obtaining lenient treatment and the applicable procedure. The type, scope and form of information that must be submitted are commented on as well as the marker system and summary applications. The intersection of the...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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University of Warsaw
2009-11-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2009_2_2/6-Polish_Leniency.pdf |
| _version_ | 1819147549715464192 |
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| author | Ewelina Rumak Piotr Sitarek |
| author_facet | Ewelina Rumak Piotr Sitarek |
| author_sort | Ewelina Rumak |
| collection | DOAJ |
| description | This paper is devoted to the Polish leniency programme, including the conditions of obtaining lenient treatment and the applicable procedure. The type, scope and form of information that must be submitted are commented on as well as the marker system and summary applications. The intersection of the leniency scheme with private enforcement of antitrust rules is discussed in detail. Special attention is devoted to the possible ways in which private antitrust plaintiffs might access information submitted to the UOKiK by leniency applicants. Thoroughly analysed are the rules regulating the possibility of obtaining relevant documents from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper covers also the scope of the leniency recipient’s civil liability and touches upon the possible ways in which it could be limited to enhance the effectiveness of the leniency scheme. Some suggestions de lege ferenda are also provided concerning the means of increasing this effectiveness without prejudice to the private parties’ right to compensation. |
| first_indexed | 2024-12-22T13:31:35Z |
| format | Article |
| id | doaj.art-739dc527984243bbae5a5ba7c9666d7d |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-12-22T13:31:35Z |
| publishDate | 2009-11-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-739dc527984243bbae5a5ba7c9666d7d2022-12-21T18:24:10ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152009-11-012299123Polish Leniency Programme and its Intersection with Private Enforcement of Competition LawEwelina RumakPiotr SitarekThis paper is devoted to the Polish leniency programme, including the conditions of obtaining lenient treatment and the applicable procedure. The type, scope and form of information that must be submitted are commented on as well as the marker system and summary applications. The intersection of the leniency scheme with private enforcement of antitrust rules is discussed in detail. Special attention is devoted to the possible ways in which private antitrust plaintiffs might access information submitted to the UOKiK by leniency applicants. Thoroughly analysed are the rules regulating the possibility of obtaining relevant documents from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper covers also the scope of the leniency recipient’s civil liability and touches upon the possible ways in which it could be limited to enhance the effectiveness of the leniency scheme. Some suggestions de lege ferenda are also provided concerning the means of increasing this effectiveness without prejudice to the private parties’ right to compensation.https://yars.wz.uw.edu.pl/images/yars2009_2_2/6-Polish_Leniency.pdfcompetition lawleniencywhistle-blowingcartelsprivate enforcementdiscoveryprotection of applicationsfollow-on actionsscope of damages |
| spellingShingle | Ewelina Rumak Piotr Sitarek Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law Yearbook of Antitrust and Regulatory Studies competition law leniency whistle-blowing cartels private enforcement discovery protection of applications follow-on actions scope of damages |
| title | Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law |
| title_full | Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law |
| title_fullStr | Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law |
| title_full_unstemmed | Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law |
| title_short | Polish Leniency Programme and its Intersection with Private Enforcement of Competition Law |
| title_sort | polish leniency programme and its intersection with private enforcement of competition law |
| topic | competition law leniency whistle-blowing cartels private enforcement discovery protection of applications follow-on actions scope of damages |
| url | https://yars.wz.uw.edu.pl/images/yars2009_2_2/6-Polish_Leniency.pdf |
| work_keys_str_mv | AT ewelinarumak polishleniencyprogrammeanditsintersectionwithprivateenforcementofcompetitionlaw AT piotrsitarek polishleniencyprogrammeanditsintersectionwithprivateenforcementofcompetitionlaw |