Abstract
In following paper I will briefly analyze all of cases decided after entry into force of new Polish Competition Act (i.e. 2007) until October 2012 in which Polish Office of Competition and Consumer Protection Competition Authority) invoked Article 6.1.7 of Polish Competition Act (the provision that specifically addresses bid-rigging). I will argue that all of those cases followed a very similar pattern of behavior which I will refer to as the Polish bid-rigging or the Polish bid-rigging. After describing this pattern, I will examine Polish bid-rigging strategy in light of single economic entity theory. I will also conduct a simplified illustrative economic analysis that will show when participation in Polish bid-rigging strategy might have an independent economic rationale for bidders and what needs to be proven by competition authorities in order to demonstrate such a separate economic rationale. At end, I will argue that in three (and to some extent even in four) of Polish bid-rigging cases Polish Competition Authority lacked substantial competence to punish entrepreneurs for their alleged anticompetitive agreement.
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