INTERNATIONAL: POLAND - PUBLIC INTEREST - ECONOMIC ANALYSIS - PUBLIC HEALTH - PROTECTION OF ENVIRONMENT - QUANTITATIVE / QUALITATIVE APPROACH

Poland: Public interest and a place for non-competition considerations in Polish competition law

The article attempts to answer the question: to what extent can non-competition considerations play a role in the application of Polish competition law? Background analysis of EU competition law is also provided. Attention is focused on the meaning of ‘public interest’ invoked in Article 1 of the Polish Competition Act. It is analysed whether public interest is associated only with economic goals of competition law (consumer welfare) or it is related to other goals that can be pursued in the public interest, such as protection of public health or protection of environment. Two specific cases are discussed in this context.

I. Introduction 1. Over many years, scholars and practitioners have been involved in a growing discussion whether antitrust scrutiny based on economic reasoning and market analysis should also include broader, external considerations. [1] The question is whether public interest goals not directly linked to consumer welfare or market integration, as is the case under EU competition law, can and should be pursued by competition law. This article presents the experience of Polish competition law in this context. In particular, attention is focused on the meaning of ‘public interest’ invoked in Article 1 of the Polish Competition Act. [2] We study the case law of the Polish courts to the extent it offers any suggestions as to whether non-competition considerations make part of the

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Authors

  • University of Warsaw
  • Office of Competition and Consumer Protection (Warsaw)

Quotation

Maciej Bernatt, Marcin Mleczko, Poland: Public interest and a place for non-competition considerations in Polish competition law, February 2018, Concurrences Review N° 1-2018, Art. N° 86068, www.concurrences.com

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