The Polish Leniency Programme and the Implementation of the ECN+Directive Leniency-related Standards in Poland

• Main Author: Patrycja Szot
• Format: Article
• Language: English
• Published: University of Warsaw 2019-12-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Subjects: ecn+; leniency; polish leniency; leniency plus; private enforcement; ring-leader; nca; summary application; marker; individual sanctions; uokik; immunity; reduction of fines; enforcement of competition law
• Online Access: https://www.yars.wz.uw.edu.pl/yars2019_12_20/09.pdf
• ISSN: 1689-9024; 2545-0115

This publication discusses the current state of the Polish leniency programme and the amendments required in order to implement the ECN+Directive (in particular in the area of specific conditions for leniency, individual sanctions, protection of leniency statements or leniency plus) as well as harmonisation flaws (primarily lack of one-stop-shop, universal language, failure to lay down rules regulating the reduction of fines or fully coordinating rules on immunity from individual sanctions, lack of harmonisation regarding applications in non-cartel cases). The a uthor’s view is that the Polish system in broad terms corresponds to the majority of the harmonised standards owing to soft harmonisation based on the Model Leniency Programme and the EU leniency programme. Further, the implementation will not bring about revolutionary changes, unless combined with de lege ferenda improvements and enhancements in the general level of anti-cartel enforcement.