VOL.
2011, 4(5)
Fines for Failure to Cooperate within Antitrust Proceedings
– the Ultimate Weapon for Antitrust Authorities?
by
Konrad Stolarski*
CONTENTS
I.
Introduction
II.
Grounds and the level of fine imposition on the basis of the Polish
Competition...
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VOL.
2011, 4(5)
Fines for Failure to Cooperate within Antitrust Proceedings
– the Ultimate Weapon for Antitrust Authorities?
by
Konrad Stolarski*
CONTENTS
I.
Introduction
II.
Grounds and the level of fine imposition on the basis of the Polish
Competition Act, Regulation 1/2003 and Regulation 139/2004
III.
Initiation of proceedings
IV.
Hereto fines imposed by the UOKiK President and the Commission
1.
Decisions of the UOKiK President
2.
Decisions of the Commission
V.
Fine graduation
VI.
Conclusions
Abstract
The aim of this article is to analyse a powerful competence available to antitrust
authorities in Europe in the form of the imposition of fines for the failure to
cooperate within antitrust proceedings.
While fines of that type are imposed in
practice very rarely, the article considers the existing decisional practice of the
Polish antitrust authority as well as the European Commission, and presents the
way in which their approach has evolved throughout the years.
The artic
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