Both in the European Union law and in the Polish national order, there is a comprehensive model of competition protection law enforcement, which includes: public and private competition rules enforcement. Private enforcement is carried out individually by entities aggrieved by the unlawful conduct of other entities by submitting a lawsuit under the Act on Claims for Compensation for Damage Caused by Violation of Competition Law. In compensation proceedings, it is necessary to identify the perpetrator of the antitrust damage. The concept of the perpetrator of antimonopoly damage also covers entities that organize or provide services of general interest without carrying out economic activity. The content of the publication, on the basis of legal regulations, available literature and judicates, is an attempt to answer the questions whether the National Health Fund, as a public entity not oriented towards making a profit, may be qualified as an entrepreneur who is the perpetrator of anti-monopoly damage and is obliged to repair it, and whether a civil court in the compensation proceedings may not qualify the National Health Fund as an entrepreneur that may be the perpetrator of antitrust damage?