INSTITUTIONAL MODELS OF COMPETITION LAW ENFORCEMENT

The paper presents preliminary results of an extensive research project on Institutional Models of Competition Law Enforcement Worldwide Conclusions for Poland which is underway at the Centre of Antitrust and Regulatory Studies of the University of Warsaw. On the example of the enforcement systems used in 27 EU Member States, the research hypothesis that there exist 3 main institutional models of public enforcement of competition law: judicial, administrative, and mixed, has been revised and 6 sub-models have been added and characterised within the administrative model. The analysis covers a variety of institutional solutions used to separate the investigative and adjudicative powers of public authorities, the level of their interdependence, their impartiality and expertise. The increasing role of courts as judicial reviewers in the procedure as well as merits of competition cases are also considered