Competition Law in Poland

For nearly two years Dr Marek Martyniszyn in collaboration with Dr hab. Maciej Bernatt (University of Warsaw) have been running a research project critically investigating implementation and development of competition law system in Poland. This research benefitted from nearly 30 in-depth interviews conducted with individuals who shaped the system over nearly 30 years of its existence, including all former heads of the Polish competition agency, judges, leading practitioners, and agency advisors. Moreover, while relying on broader scholarship on new competition regimes and doctrinal research, this work drew on under-explored and newly collected data and statistics. It is the first such study of the Polish competition law system, or indeed of a recently matured competition law regime.

The project closing seminar and an expert panel discussion took place on 23 November 2018 at the University of Warsaw. The opening remarks were delivered by Professor William Kovacic (George Washington University and the King’s College London). The panel discussion involved representatives of the key co-producers of the competition system— Judge Dariusz Dąbrowski (Deputy President of the District Court in Warsaw), Mr Nikodem Szadkowski (Deputy Director of the Department of Market Analyses, the Office of Competition and Consumer Protection), Dr Marta Sendrowicz (Competition Law Society), Ms Agnieszka Stefanowicz-Barańska (Competition Law Society) and Professor Agata Jurkowska-Gomułka (University of Information Technology and Management).

The presented findings were very well received. They aim to deepen our understanding of how new systems develop and to influence law and policy reforms in jurisdictions that are developing domestic competition systems. They are particularly salient in countries that have undergone or are undergoing similar economic and/or political transitions. The developed methodology itself can serve as a model for assessment of competition system performance, and indeed it has already been adopted in at least one similar project in another jurisdiction.

The project was generously supported by the Noble Foundation’s Programme on Modern Poland.