Marcin Kulesza: articles by this author

UOKiK targets persons in management positions

For the first time, the president of the Office of Competition and Consumer Protection (UOKiK) is conducting antimonopoly proceedings concerning competition-restricting agreements not only concerning businesses, but also persons managing them. This is a milestone in the history of enforcement of competition law in Poland. An outline of the rules regarding liability of persons managing a business and business enterprise in the context of prohibited agreements follows.

New approach to pursuing private claims for damages for infringement of competition law

An act seeking to strengthen the position of private claimants seeking damages for violation of competition law entered into force in Poland on 27 June 2017. A wave of articles have washed through the legal and business press with nearly identical titles stressing that it will be easier to win damages for losses caused by anticompetitive arrangements. But is that really the case? It will certainly be easier to try.

Will there be lots of whistleblowers? A new antitrust tool for the European Commission

The idea of using whistleblowers to uncover and combat anticompetitive arrangements is spreading ever wider. Recently the European Commission announced introduction of such a tool.

The (in)effectiveness of leniency: Will Poland start paying whistleblowers?

The Polish competition authority openly admits that its resources, particularly its people, are inadequate to achieve satisfactory results at uncovering cartels, and the leniency programme has not generated the hoped-for effects. The proposed solution is to reward whistleblowers.

Court of Justice: No legal connection between national leniency programmes and ECN model programme

In the EU system of antitrust law, the European Commission and the member states are autonomous in their application of leniency programmes. The soft harmonisation via the European Competition Network’s Model Leniency Programme is not binding on national competition authorities.

Changes in Poland’s competition law

An amendment to the Competition and Consumer Protection Act went into force on 18 January 2015. The changes are sweeping.