Friday, October 5, 2018
Maciej Bernatt, University of Warsaw, Centre for Antitrust and Regulatory Studies and Marcin Mleczko, Polish Academy of Sciences, Institute of Legal Studies discuss Public Interest and a Place for Non-Competition Considerations in Polish Competition Law.
ABSTRACT: 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.