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Private Enforcement of Competition Rules under Community and Polish Law - Comments after Accession

Author: Malgorzata KOZAK

Type: Free Article : News

ref: 32005375-388

N0:3 of 2005

Pages: 375-388


It is beyond a shadow of a doubt that Articles 81 and 82 of the Treaty establishing the European Community provide the legal basis for compensation, accepted by the case law of the European Court of Justice. On the other hand, the community law expressly does not provide for rights for individuals within the community law to apply to the courts by means of private enforcement against those entities that have violated the competition law. Nevertheless, this legal basis for the protection of rights of community origin is not a question of pure European Community competition law. Therefore this work is intended firstly to analyse de lege lata development of private enforcement under community law, and secondly the approach of the legal system in Poland - one of the new Member States.

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