Implementation of the Damages Directive and the Prospects for Private enforcement in Poland

The article takes a look at the history, the current situation and the prospects for private enforcement of competition rules in Poland. It begins with a brief outline of the existing public enforcement system, which is followed by a historical sketch of the changing judicial attitude towards private enforcement. The historical part is concluded with a description of a very few (unsuccessful) cases where claimants tried to seek compensation from undertakings violating competition rules. The next part is devoted to a presentation and a brief analysis of the Polish Implementing Regulation. It is studied in the context of the Damages Directive, with a special emphasis on specifics of the Polish Regulation. The final part discusses the prospects for private enforcement in Poland.