Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

A Member of the Law Professor Blogs Network

Monday, October 8, 2012

The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings

Posted by D. Daniel Sokol

Rafal Stankiewicz, Warsaw University - Faculty of Law and Public Administration observes The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings.

ABSTRACT: The main premise of this article is an attempt to determine the scope of application of the provisions of the Administrative Procedure Code (KPA) in antimonopoly proceedings. The legislator has introduced an extensive system of norm-referenced proceeding provisions for antimonopoly law. In matters not regulated by the legislature, however, it refers primarily to the solutions standardised by the provisions of the KPA. In the opinion of the author of the article, the general reference to the KPA contained in Article 82 is associated with the desire to create strong safeguards to protect the rights of businesses involved. It is also to promote stability, consistency and transparency in the application of the model antimonopoly proceedings. It seems that the legislature came to the conclusion that such a premise might be achieved by establishing the Administrative Procedure Code as the basic procedural instrument for proceedings conducted by the UOKiK President. This rather means that the ‘main burden’ of the creation of a complex mechanism for antimonopoly proceedings rests to a greater degree on the KPA.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/10/the-scope-of-application-of-the-provisions-of-the-administrative-procedure-code-in-competition-enfor.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017d3bd7c788970c

Listed below are links to weblogs that reference The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings:

Comments

Post a comment