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Local and Clandestine Forms of State Aid and Gradual Curtailing Based on Practices in Poland's Public Utilites Market

Jakub Pawelec


Keywords: market, clandestine forms of State aid, intervention, Poland, public utilities

Using the example of the utilities sector, this article describes a type of activity of public entities which interferes significantly with the market. A wide understanding of State aid has this consequence that it thus extends to actions which ostensibly are legal but in practice cause significant violations of competition at the cost of, and to the detriment of, private business entities operating in the market. This is the case, for example, when public entities (authorities) carry out commercial activities through commercial entities, eg companies. The practice described in the article and the above-mentioned decisions as taken by the said Polish authorities show that with regard to certain situations and behaviours regarding State aid the other competitors in the market may be left unprotected. There is a thesis that in Poland new and in principle clandestine practices have developed of State aid/support which have a very intensive indirect impact on the market.
Keywords: market; clandestine forms of State aid; intervention; Poland; public utilities

Jakub Pawelec, Legal Advisor with many years of experience (infrastructure projects, energy matters, environmental protection). Graduate of the Faculty of Law, Administration and Economics of Wrocław University and the Faculty of Law of University of Regensburg. Graduate of European College of Doctors (Jagiellonian University, Johannes Gutenberg-Universität Mainz, Ruprecht-Karls-Universität Heidelberg). Member of the task force for public procurement with the European Commission (2015-2018). Member of the Task Force for Public Procurement with the Social Dialogue Council appointed by the President of the Republic of Poland. Head of the Task Force for Public Procurement with the Ombudsman for Small and Medium Businesses. Author of papers, covering, inter alia, public procurement, public private partnership, public aid/support.


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