Leniency procedure in Polish antitrust proceedings

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Leniency procedure in Polish antitrust proceedings

The series “UOKiK Library” has published (in Polish) the work “Leniency procedure in Polish antitrust proceedings” by Marcin Kulesza, which won the competition of the President of the Office of Competition and Consumer Protection for the best doctoral dissertation on competition protection in the 2021/2022 edition.

The author analysed the legal nature of the leniency procedure in Polish antitrust proceedings. The aim was to examine the legal nature of leniency in the Polish legal system, especially in the framework of Polish antitrust proceedings and in the broader perspective of administrative proceedings. In this context, the author presented the legal nature of Polish proceedings in cases of practices restricting competition and the nature of fines imposed by the Polish competition authority, and their impact on the rights and obligations of the authority and the party – the leniency applicant, including the scope of human rights protection. The author also established the factual and legal shape of the leniency programme in Polish competition law and examined the formal and material legal consequences of applying the leniency programme.

The book also contains de lege ferenda recommendations and an indication of expected and desired changes resulting from the modification of leniency programmes on an EU scale in the context of the ECN+ Directive, taking into account the legal status, case law and literature as of 31 July 2018.