Some Remarks about the Concept of a Model for Resolving Competition Protection Cases and Sector Regulation

Abstract

There are various mechanisms for resolving cases in Polish antitrust law. In the first instance, the case is adjudicated in administrative mode by the executive administration body (the President of the Office of Competition and Consumer Protection), and in the second instance, the case is resolved by a common court. In Polish literature it is called a hybrid model. When formulating de lege lata conclusions, it should be noted that the possible change of this model and the adoption of a “full administrative model,” based at the same time on the assumed system of judicial control of administration performed by administrative courts, seems justified.