The Polish Constitutional Tribunal declares to be unconstitutional the lack of judicial review over court decisions authorizing inspections

On 16 January 2019, the Constitutional Tribunal (Trybunał Konstytucyjny, “Tribunal”) delivered landmark judgment declaring unconstitutional the laws that prevent an inspected undertaking from appealing against court decision authorizing an inspection (case no. P 19/17). This judgment will undoubtedly change the scene for dawn raids in Poland, as it opens door for an ex post full-fledged judicial review of competition search warrants. Legal framework for conducting antitrust dawn raids in Poland Under the Act on Competition and Consumer Protection (“ACCP”), the Polish Competition Authority (“PCA”) is empowered - in order to find evidence of competition law violations - to carry out an inspection at the undertakings’ premises in explanatory and antitrust proceedings regarding anti-competitive

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Aleksandra Mariak, The Polish Constitutional Tribunal declares to be unconstitutional the lack of judicial review over court decisions authorizing inspections, 16 January 2019, e-Competitions Bulletin January 2019, Art. N° 90585

Visites 121

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues