文章基本信息

标题：The legal status of an undertaking – should local governments be treated more favourably in relation to the penalties for breaching Polish antitrust law? Case comment to the judgment of the Supreme Court of 5 January 2007 – City Ostrołęka (Ref. No. III SK 16/06)
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作者：Maciej Bernatt
期刊名称：Yearbook of Antitrust and Regulatory Studies
印刷版ISSN：1689-9024
电子版ISSN：2545-0115
出版年度：2008
卷号：1
期号：1
页码：219-223
语种：English
出版社：University of Warsaw
摘要：In the judgment of 5 January 2007 (III SK 16/06), the Polish Supreme Court confirmed that the source, form and method of financing of fines imposed for the violation of Article 5 and Article 8 of the Act of 15 December 2000 on Competition and Consumer Protection (hereafter, Competition Act 2000) are irrelevant from the point of view of free competition and the role and function of fines within the antitrust law regime. A local government unit, such as a commune, can therefore not be treated in a privileged way in this respect, even if it provides public utility services. This principle also applies under the new Act of 16 July 2007 on Competition and Consumer Protection.