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Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law

Author

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  • Miasik, Dawid

Abstract

This article presents the main issues relating to the goals of modern Polish competition law. It examines the relationship between the subject-matter of competition law, its function and its goals. It identifies various goals of competition law as well as their acceptance in the legal doctrine and jurisprudence. The study shows that the goals of Polish competition law have always been limited to enhancing efficiency and consumer welfare, with this latter term being understood in a post-Chicago-school fashions, rather than accordingly to its Chicago-school origin. This article shows how an 18-years competition law system, rather accidentally than deliberately, took the best ideas from both the American and the European legal tradition and mix them up into an incoherent, yet workable system of competition protection which is favourable towards efficient operations and, at the same time, safeguards consumers against exploitation and diminished choice.

Suggested Citation

  • Miasik, Dawid, 2008. "Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law," MPRA Paper 23989, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:23989
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    File URL: https://mpra.ub.uni-muenchen.de/23989/1/MPRA_paper_23989.pdf
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    Citations

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    Cited by:

    1. Kohutek, Konrad, 2010. "Impact of the New Approach to Article 102 TFEU on the Enforcement of the Polish Prohibition of Dominant Position Abuse," MPRA Paper 32647, University Library of Munich, Germany.

    More about this item

    Keywords

    competition; goals; public interest; efficiency; consumer protection; consumer welfare; competitor; economic freedom; restriction of competition;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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