文章基本信息

标题：Private Enforcement of Competition Law in Polish Courts: The Story of an (Almost) Lost Hope for Development
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作者：Agata Jurkowska-Gomułka
期刊名称：Yearbook of Antitrust and Regulatory Studies
印刷版ISSN：1689-9024
电子版ISSN：2545-0115
出版年度：2013
卷号：6
期号：8
页码：107-128
语种：English
出版社：University of Warsaw
摘要：The article reviews judgments of Polish courts on private enforcement of competition law between 1993 and 2012. A quantitative analysis of this jurisprudence shows that very few cases of that type exist at all. Their qualitative characteristics illustrate that: none of them referred to consumers; none of the claims was a ‘pure’ damage claim; all of these cases focused on partial or general nullity of contracts concluded as a result of an anticompetitive practice; almost all of them concerned an abuse of a dominant position; only one referred to competition-restricting agreements. The relevant jurisprudence largely focused on the binding force of a prior decision of the Polish competition body upon civil courts. Even if the fact that some cases of this type were at all record might suggest that there is a potential for developing private enforcement of antitrust in Poland, nothing like this actually happened. Unfortunately, the Act on Collective Redress (in force since July 2010) has not contributed to a growth in the number of consumers (or any other entities) engaging in court disputes with undertakings restricting competition.