CARS publications
CARS Centrum Studiów Antymonopolowych i Regulacyjnych Uniwersytetu Warszawskiego

Publications

Title: Public and private enforcement of prohibitions of anticompetitive practices

Author: Agata Jurkowska-Gomułka

Series: Textbooks and Monographs (12)

Publisher: University of Warsaw Faculty of Management Press

Place of publishing: Warsaw

Year of publishing: 2013

ISBN: 978-83-63962-23-4, 978-83-63962-24-1 (e-book)

Public and private enforcement of prohibitions of anticompetitive practicesA monograph by Agata Jurkowska-Gomułka raises problems of relations between private enforcement of competition rules, which is understood as the possibility of recovery if claims through legal action resulting from the breach of the competition protection law, and the public execution of competition rules, as realised by public organs.

The author has tried to design a sustainable model of co-existence of public and private enforcement of prohibitions of anticompetitive practices - a model that can be applied in Polish system of legal protection of competition.

Relations between private enforcement of competition rules have been characterized as subsidiarity, complementarity and decomplementarity. Axiological foundations of the proposed model cover three values: effectiveness – congruency – equality.

Theoretical assumptions of the model have been reflected in - addressed to Polish law maker - de lege ferenda postulates on mutual relations between public and private enforcement of competition rules.