Competition restrictions by professional self-government

Abstract

Motivation: Professional self-government participates in the exercise of public authority. When supervising performance of public trust professions it may limit the competition and freedom of the profession, however it should be within the limits of the public interest. Aim: Purpose of this paper is to demonstrate that activities of professional self-government, which is an organization uniting and representing the interests of every person practicing a specified profession, may lead to restriction of competition. Thus professional self-government should be to subject to supervision of competition and consumer protection authorities. Results: Professional self-government is classified as an association of entrepreneurs under Polish law and associations of undertakings under EU law. It is subject to competition rules, however pursuant to EU jurisprudence those rules do not apply to the exercising powers of a public authority. Under Polish law, normative acts issued by professional self-governments are controlled by the Supreme Court. When affecting competition, they are subject to a special administrative anti-trust regulation. An analysis of case law shows, that such control in necessary because professional self-governments attempt to influence to influence competition, in particular through a pricing policy.