Abstract
The article is devoted to the influence of European competition law on the application of Polish competition rules by Polish courts. It covers references to EU law that has been made throughout 20 years of its history. It aims at identifying various instances where EU law has been invoked to provide Polish competition rules with the actual content as well as different modes of referrals to EU law.
Highlights
Son but est d’identifier des instances où la loi de l’EU a été invoquée pour donner aux règles polonaises de la concurrence le contenu actuel et les modes de référence a la loi de l’UE
Structure of a competition analysis. Another area of influence of EU law on the judicial application of Polish competition law is the methodology of application
Polish courts ruling on competition appeals have used, and are still using EU law in various ways in cases falling outside the scope of Regulation 1/2003
Summary
The latter has clearly stated in cases concerning intellectual property that the duty to approximate Polish law with European rules did not oblige national courts to use European standards when applying domestic legislation in areas covered by Articles 68 and 698. Polish and European competition rules is said to oblige Polish courts to fully recognize acquis communitaire when applying relevant provisions of national law10 This approach was adopted in at least one case concerning restrictive agreements whereby SOKiK declined to hold a genuine agency agreement to be a competition restricting practice within the meaning of the Polish equivalent to Article 101 TFEU.
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