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Powers of inspection of the polish competition authority. question of proportionality

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  • Bernatt, Maciej

Abstract

The principle of proportionality applies to competition proceedings especially, when it comes to the exercise by the competition authority of its powers of inspection. Their use limits the economic freedom and right to privacy of the scrutinised undertakings in order to protect free competition. The use of inspection powers must thus be proportionate and remain the least onerous possible for the inspected companies. In consequence, legislation must provide procedural guarantees of proportionality of inspections. This article analyses whether the powers of inspection bestowed upon the Polish competition authority are regulated in a way that guarantees the observance of the principle of proportionality. The analysis focuses on the powers of control and search. Subsequently covered is also the issue of judicial control over the use of the powers of inspection by the competition authority. Proposals for changes in the practice of the competition authority as well as in the Polish legal framework are made in conclusion.

Suggested Citation

  • Bernatt, Maciej, 2011. "Powers of inspection of the polish competition authority. question of proportionality," MPRA Paper 38517, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:38517
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    File URL: https://mpra.ub.uni-muenchen.de/38517/1/MPRA_paper_38517.pdf
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    More about this item

    Keywords

    competition proceedings; antitrust proceedings; dawn raids; inspection; right to privacy; right of defense; judicial control over the administrative proceedings; procedural fairness;

    JEL classification:

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

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