Abstract
Leniency programmes in competition law make it possible to grant immunity from fines, or a reduction of any fine that would otherwise have been imposed on an undertaking who was a party to an unlawful agreement restricting competition. This immunity or fine reduction is granted as a reward for the cooperation with the competition authority and the provision of evidence of an unlawful agreement restricting competition. Legal rules regarding the application of leniency programmes have been introduced at the EU level as well as in the national legislations of numerous countries, including Polish law. The author makes an attempt to establish the degree to which the Polish leniency programme is an effect of the impact of EU law or the application of law within the EU (for instance, by its institutions). The analysis has been made on three levels. Examined first was the degree to which the Polish leniency programme is a result of spontaneous harmonisation. Second, the impact of legislative harmonisation in the area of leniency programmes was taken into consideration. Finally, it was verified whether those Polish authorities that apply Polish competition law are inspired by judgements issued by EU courts in cases regarding leniency programmes.
Highlights
The considerations contained in this paper are aimed at verifying the following research thesis: despite the fact that EU legislature has not used legislative harmonisation for leniency programmes yet, the Polish leniency programme is largely inspired by the Model Leniency Programme endorsed within the ECN
The analysis of the legal regulations concerning the Polish leniency programme leads to the conclusion that the national legislator decided to transfer, to a significant degree, the solutions proposed in the ECN Model
The analysis made in this article leads to the conclusion that the shape of the Polish leniency programme is undoubtedly a result of the Europeanisation process of national competition law
Summary
Agreements restricting competition, especially those which are concluded between entities operating at the same level of trade, usually have a negative impact on competition on the relevant market (see inter alia: Banasiński and Piontek, 2009, p. 180; Frenz, 2016, p. 551; Stawicki, 2016, p. 211). The rules governing the leniency programme in this act were modelled on solutions provided for in the Commission notice on immunity from fines and reduction of fines in cartel cases of 13 February 2002.13 This realisation was explicitly stated in the explanatory notes attached to the draft Act amending the Act on competition and consumer protection and amending some other acts.. The considerations contained in this paper are aimed at verifying the following research thesis: despite the fact that EU legislature has not used legislative harmonisation for leniency programmes yet, the Polish leniency programme is largely inspired by the Model Leniency Programme endorsed within the ECN It can, be said that the shape of the rules governing the Polish leniency programme is a manifestation of the Europeanisation of competition law made through spontaneous harmonisation. It was important to analyze the application practice of rules governing the leniency programme by the UOKiK President and Polish courts
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