Czynnik czasu w prawie antymonopolowym

Abstract

Various institutions of antitrust law may be analysed in one frame because of the factor of time that is common to all those institutions. There are four possible levels of review and analysis. These are substantive antitrust law, procedural antitrust law, structural antitrust law and history of antitrust law. This paper is not meant to be a complete analysis, but rather an overview. It focuses on substantive antitrust law and to a lesser extent on procedural antitrust law. It is also limited to a narrow context of Polish law, excluding European Union antitrust law. This paper attempts to present the various dimensions of time to be carefully considered for decision–making and law–making. The main aim of the paper is to understand the meaning of those provisions of antitrust law that are construed using time factors. It includes considerations such as relevant market, de minimis rule, fines, deadlines etc. The paper also discusses the question of limitation. The author also tries to fill diagnosed gaps by de lege ferenda proposals.