VOL.
2011, 4(5)
Powers of Inspection of the Polish Competition Authority.
Question of Proportionality
by
Maciej Bernatt*
CONTENTS
I.
Introduction
II.
Limitations of rights and freedoms
III.
Proportionality safeguards in Polish competition proceedings...
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VOL.
2011, 4(5)
Powers of Inspection of the Polish Competition Authority.
Question of Proportionality
by
Maciej Bernatt*
CONTENTS
I.
Introduction
II.
Limitations of rights and freedoms
III.
Proportionality safeguards in Polish competition proceedings
IV.
Distinction between a control and a search
V.
Prior notice of an inspection
VI.
Inspections during explanatory proceedings
VII.
Right of complaint and judicial control
1.
Objections under the Act on the Freedom of Economic Activity
2.
Prior judicial control
3.
Subsequent judicial control
VIII.
Conclusions
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
compa
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