Edited by Josef Drexl and Fabiana Di Porto
To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets.
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Chapter 7: Regulatory approach to competition law in the practice of the Polish competition authority – a critical assessment
The aim of this chapter is to identify whether there is any ‘regulatory approach’ to competition law in the practice of the Polish competition authority, the Office of Protection of Competition and Consumers (OPCC). The text contains an analysis of different decisions of the OPCC in order to identify the two possible ways of understanding the ‘regulatory approach’. The OPCC acts either in lieu of or in concert with the regulator. Thus there are situations in which the OPCC acts in the regulated sectors despite (or in addition to) the actions undertaken by the sectoral regulating authorities, as well as situations in which this authority acts as the regulator in the markets where competition is very weak or needs to be created and not simply protected. Both possibilities touch on the problem of the limits of the competences of the competition authority and of the borders between actions undertaken by regulators and by competition authorities.
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