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Title:

Who safeguards the competition in the energy market? Between the President of the Energy Regulatory Office and President of the Officeof Competition and Consumer Protection — selected issues

Creator:

Kamiński, Marcin

ORCID:

0000-0003-3036-4297

Subject and Keywords:

competition   energy market   President of Energy Regulatory Office   President of the Office of Competition and Consumer Protection

Description:

Tyt. tomu: Państwo a przedsiębiorca — aktualne wyzwania

Abstract:

The aim of this paper is to discuss the selected issues concerning the mutual relations between the President of the Energy Regulatory Office and President of the Office of Competition and Consumer Protection. The outline of the distinction of powers of both authorities resulting from the case of law of the Supreme Court and views expressed in the doctrine is presented. Based on the examples of third-party access rule and the provisions stipulated in the REMIT regulation, the author intended to prove the claim that the assignments of both authorities are complementary and the cooperation between them is indispensable. It is also indicated that the variety of practices which could be implemented by the energy enterprises requires the collaboration between the authorities within the framework of the shared competences. In order to demonstrate that the provisions of sector specific regulations and provisions of competition law might both be applicable to very similar factual situations, the author presented the decisions taken by the European Commission and national authorities in other member states. Concluding the deliberations expressed in this paper it is claimed that the key issue for fulfilling the objective consisting of providing the effective mechanism of competition protection is the cooperation and willingness to perform existing competences by both authorities safeguarding competition in the energy sector.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Borkowski, Andrzej. Red.   Małecki, Witold. Red.

Date issued:

2019

Date copyrighted:

2019

Identifier:

ISSN 0524-4544  
ISSN 0239-6661

DOI:

10.19195/0524-4544.329.24

Source:

PAd P 101182 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3977. Prawo, ISSN 0524-4544, 2019, 329, s. 299-310

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg