Commitment Decisions under the Polish Competition Act – Enforcement Practice and Future Perspectives

• Main Author: Tomasz Kozieł
• Format: Article
• Language: English
• Published: University of Warsaw 2010-11-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Subjects: commitment decision; enforcement of competition law; legal certainty; restorative justice
• Online Access: https://yars.wz.uw.edu.pl/images/yars2010_3_3/Koziel_Commitment_Decisions_under_the_Polish_Competition_Act.pdf

The aim of this paper is to provide an analysis of the commitments procedure under the Polish competition law, including both legal and economic perspective. The outcome of this research is supposed to help in estimation whether novel negotiated instruments may be successfully employed in the field of antitrust enforcement. Hence, the paper first introduces the legal background of the commitments decisions, with focus on the specific features of the procedure. Being a tool of antitrust enforcement, commitment decisions should contribute to its goals. Therefore, the paper identifies such objectives drawing on the economic literature. It is in the light of these criteria that the decision practice of the Polish competition authority, still in the stage of development, is subsequently evaluated. This assessment reveals circumstances, under which the competition authority is particularly apt to engage into commitments procedure. It allows also for a conclusion that the application of this negotiated instrument is in principle commensurate with the exigencies following from economic theory. Nevertheless, where necessary, the paper provides suggestions as to the improvement of application of commitment decisions.