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(4) Maciej Bernatt, 'Democracy and Competition Law: Exploring Substantive and Procedural Links', Working Paper of the Centre for Antitrust and Regulatory Studies, University of Warsaw, No. 1-2024 (3)
Against the backdrop of processes of democratic backsliding materializing in many countries in the world, the paper addresses the question about a pro-democratic role of competition law. Relying on the existing case-law, the paper distinguishes the substantive and the procedural dimensions of competition law-democracy link, and it explains that competition can play a pro-democratic role if rule of law is safeguarded. The substantive dimension of competition law-democracy link is related, first, to the competition law's role to provide a check on the use of market power by state-owned enterprises (SOEs) and private firms present on the markets where economic and political power is intermingled. Second, the substantive dimension is about competition law's role to safeguard that private firms, in particular digital platforms and media companies, give consumers an access to diverse sources of information (pluralism). Third, it is about competition law's role to promote socioeconomic and environmental values once they are enshrined in national constitutions. As far as a procedural dimension of competition law-democracy link is concerned, the paper explains that it is related to rule of law as a key democratic value. In particular, the institutional organization and procedures in competition law aim at safeguarding rule of law so as decision-making of competition authorities and courts is protected against political pressure and capture by private interest. The paper has the following structure. First, it explains that despite the disagreement about what exact goals competition law serves, it can be understood as an area of law which has an important public interest role to play which may include a pro-democratic role. Second, it analyzes the substantive and procedural links between competition law and democracy. Third, it discusses substantive and procedural links between competition law and democracy in practice. Two media merger transactions which were subject to review by Polish competition authority and courts are analyzed in this respect as an illustration.
(7) Antoni Napieralski, Between Procedural Autonomy and Sincere Cooperation. Understanding the Self-Citation Practice of the Court of Justice of the EU
The article examines how the principle of procedural autonomy was introduced and then incrementally modified by the Court of Justice of the EU through its self-citation practice. Doctrinal analysis of the jurisprudence of the CJEU is combined with evidence-based methods. Three conclusions are drawn. First, that the principle of procedural autonomy is anchored in the principle of sincere cooperation. Further, that the principle of procedural autonomy was introduced to the case law in 1998, by means of a silent, incremental change of a self-citation. Finally, that procedural autonomy was linked by the CJEU to the 1976 Rewe judgment, which is silent on procedural autonomy. Accordingly, this article argues that procedural autonomy should be read not as Member States' safe harbour, but as Member States' duty to ensure effective enforcement of EU law.
The article is available here.
Prof. Anna Piszcz – new Editor-in-Chief of iKAR
On a proposal of CARS Director, Prof. Dr. Tadeusz Skoczny, Dean of the Faculty of Management of the University of Warsaw, Prof. Dr. Alojzy Z. Nowak, appointed – as from 1 January 2018 – Dr. Anna Piszcz, Profesor of University of Białystok, Director of the Department of Public Economic Law of the Law University of the University of Białystok, to the position of Editor-in-Chief of the internetowy Kwartalnik Antymonopolowy i Regulacyjny (iKAR).
Dr. Maciej Bernatt – new Editor-in-Chief of YARS
On a proposal of CARS Director, Prof. Dr. Tadeusz Skoczny, Dean of the Faculty of Management of the University of Warsaw, Prof. Dr. Alojzy Z. Nowak, appointed – as from 1 January 2018 r. – Dr. Maciej Bernatt from the Department of European Economic Law of the Faculty of Management of the University of Warsaw, to the position of Editor-in-Chief of the YARS®
“Competition protection in times of challenges” - 70th Anniversary of Prof. Tadeusz Skoczny, CARS Director
On 27 October 2017 the conference “Competition protection in times of challenges” - 70th Anniversary of Prof. Tadeusz Skoczny, CARS Director, was held at the Faculty of Management, University of Warsaw
State Aids and Tax rulings seminar: An assessment of the Commission's recent decisional practice
On October 9, 2017, an international scientific seminar entitled State Aids and Tax rulings: An assessment of the Commission's recent decisional practice was held at the Faculty of Management of the University of Warsaw. It was performed by prof. Amedeo Arena (University of Naples Federico II) and Dr. Łukasz Grzejdziak (University of Łódź). The seminar was attended by representatives of science, competition protection practice and UOKiK. The seminar coincided with the European Commission's decision on Amazon and was related to the subject of the next FIDE Congress.
CARS open research project. Instruments and effects of counteracting the unfair use of contractual advantage in trade in agricultural and food products (2017-2018).
On October 1, 2017, the implementation of the "open research project" CARS, devoted to "Instruments and effects of counteracting the unfair use of contractual advantage in the trade in agricultural and food products", starts. The project manager is CARS deputy director Adam Jasser.
The first product of this project will be the last iKAR issue this year (no. 8/2017), devoted to the issue of counteracting the use of contractual advantage, the editor of which is Dr. Maciej Bernatt (www.ikar.wz.uw.edu.pl). The first event - a one-day CARS scientific seminar - "The Law on Contractual Advantage - Interpretation and Application, the Biggest Challenges", which will be held in mid-January 2018 at the Faculty of Management of the University of Warsaw.
If you are interested, please contact CARS (
Instruments and effects of counteracting the unfair use of contractual advantage in trade in agricultural and food products.
I. CARS NATIONAL POST CONFERENCE - Postal market in a changing world (28/09/2017)
CARS - Postal Services Laboratory - invites you to the 1st CARS Annual Postal Conference, which will be held on September 28, 2017 from 11.00 - 15.30 in the Council Room of the Faculty of Management. Poczta Polska S.A. is the partner of the conference.
Program
Poster
Adam Jasser become CARS deputy director
Mr. Adam Jasser, former President of the Office for Competition and Consumer Protection joined us with 15 September 2017. He was entrusted with a position of CARS deputy director.
‘internet Quarterly on Antitrust and Regulation’ (iKAR) vol. 8/2017 is already available
Volume 8/2017 is released. It is dedicated to problems of combating unfair use of superior contractual power in trade in agricultural and food products. The journal has been edited by dr. Maciej Bernatt, CARS Scientific Secretary. Key words and abstracts are available in English here.
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