Relevant legislation and statutory standards

Historical background

The first Polish post-Second World War legislation dealing with antitrust and merger control issues, the Law on Counteracting Monopolistic Practices in the National Economy, was enacted as early as 28 January 1987, well before the political upheavals and the move from a centralised socialist economy to a free-market economy that took place in 1989. In fact, commentators point out that the existence of an antitrust tradition dating as far back as pre-Second World War times facilitated Poland’s smooth assimilation of modern antitrust rules after the economic changes of 1989.

In an effort to adapt the 1987 Law to the changed economic circumstances after Poland’s return to a free-market economy in 1989, it was replaced on 24 February 1990 by the Law on Counteracting Monopolistic Practices (‘Antimonopoly Law’). The need for further changes arose in connection with Poland’s negotiations to join the European Union (EU) and the ensuing obligation to approximate Polish Law to the acquis communautaire. Consequently, on 15 December 2000, a new competition regulation was enacted – the Law on Competition and Consumer Protection (LCCP). It took effect on 1 April 2001, and remains in force to date. Its last substantial amendment came into effect on 1 May 2004, and was designed to adapt the LCCP to the modernisation of European Union (EU) competition law which came into force on the same date. However, many of the regulations contained in the Antimonopoly Law were taken over and developed by the LCCP. Where appropriate, therefore, we shall also be referring in this chapter to case law and legal works concerning the Antimonopoly Law.