Abstract
This publication discusses the current state of the Polish leniency programme and the amendments required in order to implement the ECN+ Directive (in particular in the area of specific conditions for leniency, individual sanctions, protection of leniency statements or leniency plus) as well as harmonisation flaws (primarily lack of one-stop-shop, universal language, failure to lay down rules regulating the reduction of fines or fully coordinating rules on immunity from individual sanctions, lack of harmonisation regarding applications in non-cartel cases). The a uthor’s view is that the Polish system in broad terms corresponds to the majority of the harmonised standards owing to soft harmonisation based on the Model Leniency Programme and the EU leniency programme. Further, the implementation will not bring about revolutionary changes, unless combined with de lege ferenda improvements and enhancements in the general level of anti-cartel enforcement.
Highlights
This publication discusses the current state of the Polish leniency programme and the amendments required in order to implement the ECN+ Directive as well as harmonisation flaws
A detailed analysis reveals the need for a number of adjustments. Those concern, in particular, the specific conditions that the applicant must meet in order to benefit from immunity or a reduction of fines, requirement to provide for immunity from criminal sanctions for individuals or to further limit the use of information derived from leniency statements to specific instances
The author briefly discusses de lege ferenda proposals unrelated to the harmonisation, for instance narrowing down the scope of the Polish leniency programme to cartels, hub and spoke arrangements and limited vertical infringements, removing uncertainties regarding the scope of ring leaders included among potential immunity recipients or clarifying some procedural issues
Summary
C periodical, economic issues of antitrust and regulation. Creative Commons Attribution-No Derivative Works 3.0 Poland License. The Polish Leniency Programme and the Implementation of the ECN+ Directive Leniency-related Standards in Poland by Patrycja Szot*
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