Suchergebnisse

Latest reports feeding into the Care Review paint a picture of a children's social care market that fails to meet the needs of children and costs too much. Authors put forward contrasting ideas for solving the sector's problems

We consider the interplay between regulatory agencies with overlapping competencies: for example, a competition authority and a sectoral regulator. This reflects the current situation in the European Union and in the US. We analyse how authorities' incentives to act are affected if they can decide independently, or must follow each others' opinions, respectively, and consider how this relationship performs in the presence of institutional biases and lobbying efforts. A higher likelihood of closing a case tends to be achieved when the authorities act independently of each other: the probability of coming to a decision is higher, and decisions are less vulnerable to lobbying. ; authorsversion ; published

The principle of proportionality applies to competition proceedings especially, when it comes to the exercise by the competition authority of its powers of inspection. Their use limits the economic freedom and right to privacy of the scrutinised undertakings in order to protect free competition. The use of inspection powers must thus be proportionate and remain the least onerous possible for the inspected companies. In consequence, legislation must provide procedural guarantees of proportionality of inspections. This article analyses whether the powers of inspection bestowed upon the Polish competition authority are regulated in a way that guarantees the observance of the principle of proportionality. The analysis focuses on the powers of control and search. Subsequently covered is also the issue of judicial control over the use of the powers of inspection by the competition authority. Proposals for changes in the practice of the competition authority as well as in the Polish legal framework are made in conclusion. ; Michał Mijal