Przepisy ograniczające konkurencję w aktach prawa miejscowego

Abstrakt

RULES RESTRICTING COMPETITION RESULTING FROM LOCAL LAW

Pursuant to the Constitution of the Republic of Poland, territorial self-government bodies are authorized to issue local acts, i.a. concerning its own issues related to meeting the current needs of the inhabitants of the municipality, e.g. maintaining cleanliness, supplying water, organizing local transport. Due to the particular monopolistic or dominant position of the local self-government units, there are often violations of free market rules in these cases. The study presents typical cases of market abuse and distortions of free competition, originating in a defective local law — either because of a lack of compliance with the Protection of Competition and Consumers Act, or with another provision of generally applicable law such as the Act of Law on the maintenance of cleanliness and order in the municipalities. The consequences of such regulations are borne by consumers inhabitants of municipalities who have no choice — they suff er from severe including financial consequences of such defective regulations.