POJĘCIE „PRZEDSIĘBIORCA” W ŚWIETLE USTAWY O OCHRONIE KONKURENCJI I KONSUMENTÓW

Abstract

There are an increasing number of various definitions of entrepreneur in the Polish law. This situation raises doubts not only of a purely legal nature but also at the interface between law and economics. This paper intends to present the development of the term “entrepreneur” from a historical perspective and then to provide a detailed analysis of this term as understood by the Act of 15 December 2000 on Competition and Customer Protection. The importance of this Act is a good justification of why it was selected for this analysis. It is the main legal act on competition in Poland. For this reason it is often referenced by other regulations on competition. Moreover, the term of “entrepreneur” is very broadly understood in the Act, which is due to the specifics of preventive protection provision contained therein. The author makes a number of innovative findings that allow the conclusion that the term “entrepreneur” should be construed in a comprehensive manner in the competition law so as to include potential threats to the free market. Generally speaking, however, this situation should constitute rather an exception than a principle.