Joanna Faruga

French National Research Agency (ANR), Agence Nationale de la Recherche (ANR)
Lawyer

Joanna Faruga is specialised in EU, French, UK and Polish competition law as well as in European law. She is currently part of the French National Research Agency. Before joining this agency, she worked for Linklaters at the Competition/Antitrust Department in Brussels. She has a thorough knowledge of the practice, functioning and decision-making process of the European Commission, the French and UK Competition Authorities as a former contract agent at DG Competition (Cartels) and a trainee at the said French and UK National Competition Authorities. She has research and teaching experience gained at Paris I, Panthéon-Sorbonne University. She speaks Polish, French and English.

Linked author

Orrick, Herrington & Sutcliffe (Washington)

Articles

143968 Bulletin

Joanna Faruga The Polish Competition Authority condemns a resale price maintenance agreement and rejects a demand for a commitment decision (Koral and Zabka Polska)

2103

The present decision n° RKT-107/2008 of 31 December 2008 relates to some provisions of the cooperation agreement signed by one of the biggest ice-cream manufacturers in Poland, i.e., Przedsiêbiorstwo Produkcji Lodów “KORAL” - Józef Koral spólka jawna (hereafter: KORAL) and a chain of convenience (...)

Joanna Faruga The Polish Competition Authority reviews contracts between a building products manufacturer and its distributors and recalls that resale price maintenance is prohibited (Plannja)

2023

During the last months, the issue of price fixing of building products has frequently arisen before the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President) . By rendering on 15 September 2008 this decision n° RWR 42/2008 concerning contracts reached (...)

Joanna Faruga The Polish Competition Authority considers that the fact that a practice is capable of affecting trade between Member States may be an aggravating factor (PZU Życie)

3733

It is well known that since 1st May 2004 and according to Article 3(1) of the Regulation n° 1/2003 the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President), as the Polish National Authority, cannot apply only national law to practices prohibited by (...)

Joanna Faruga The Polish Competition Authority finds that a foreign broadcasting company has abused of its dominant position on a local pay-TV market (Discovery Communication Europe)

2899

In 2002 the Cable Television Chamber of Commerce located in Lodz (Poland) filed a complaint with the President of the Office for Competition and Consumer Protection (hereafter: the OCCP President) against the practices of Discovery Communication Europe, a company being registered in Wisconsin (...)

Joanna Faruga The Polish Competition Authority decides to discontinue proceedings instituted against the fixed telephony incumbent and a mobile phone operator by referring to the single economic unit doctrine (Telekomunikacja Polska - Polska Telefonia Komorkowa Centertel)

6670

In 2003, the Office for Competition and Consumer Protection published a paper entitled “Polish Telecommunication Sector and the Activity of the Anti-monopoly Authority” dealing with competition law violations that occurred in this sector, with particular attention to the behaviour of (...)

Joanna Faruga The Polish Competition Authority confirms that the entity in charge of the management of the general compulsory health insurance system is an entrepreneur and therefore is subject to competition law (Narodowy Fundusz Zdrowia)

3403

President’s of the Office for Competition and Consumer Protection (Prezes Urzedu Ochrony Konkurencji i Konsumentów) March 7th, 2007, Decision n° DOK-28/2007, concerning practices of the National Health Fund (Narodowy Fundusz Zdrowia) On March 7th, 2007 the President of the Office for Competition (...)

Joanna Faruga The Polish Competition Authority heavily fines, in spite of termination of the practice, a yeast producer for having imposed to 45 wholesalers an exclusivity clause (Lesaffre Bio-Corporation)

4415

Like the European Commission, the Polish Competition Authority - the President of the Office for Competition and Consumer Protection (hereafter : the OCCP President) - is empowered to issue a formal infringement decision in spite of the practice having ceased. The OCCP President has been vested (...)

Joanna Faruga The Polish NCA imposes record fines for resale price maintenance after a detailed assessment of the trade between member States criterion (Polifarb Cieszyn-Wroclaw)

5624

In the beginning of 2005, Polifarb Cieszyn- Wroclaw S. A. (hereafter : Polifarb), a producer of paints and varnishes, proposed to seven building materials supermarkets, namely, Praktiker, Obi, Castorama, Leroy Merlin, Nomi, Platforma and Bricomarché, a so called “stabilization discount”. The (...)

Joanna Faruga The Polish Competition Authority condemns for the first time on the basis of both national competition law and Art. 82 EC the increase of certain telecommunications services charges by the incumbent (TP)

3833

The commented decision is the first decision by which the Polish Competition Authority condemned an entrepreneur for abusing its dominant position on the basis of the national and European competition law. It is thus the first Polish application of the obligation established by Article 3 (...)

Joanna Faruga The Polish NCA fines the national football association and a TV operator for an abusive preferential renewal clause in a broadcasting licence agreement (Canal+/Polish Football Association)

5267

President’s of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), 29 May 2006, Decision n° DOK-49/06, concerning a preferential renewal clause contained in the licence agreement for broadcasting of football league matches concluded between (...)

Joanna Faruga The Polish Competition and Consumer Protection Court qualifies a body of the Catholic Church of "entrepreneur" and finds it guilty of abusing of dominant position on the funeral services market ("All Saints" Lublin Parish)

3328

The present judgment is the result of the judicial review of the decision of the President of the Polish Office of Competition and Consumer Protection (hereafter: “OCCP President”) on August 18, 2004. By this decision, the OCCP President declared that by restricting entrepreneurs from offering (...)

Joanna Faruga Polish Competition Authorities examine the dominant position abuse of an authors’ association on the national music copyright collective management market (ZAiKS)

5272

On January 9th, 2006, the Competition and Consumer Protection Court (hereafter,“CCPC”) upheld the decision of the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President”) condemning ZAiKS Authors’ Association (hereafter, ZAiKS) for abusing its dominant position on (...)

Joanna Faruga The Polish Competition Authority adopts interim measures to protect competition in the national daily newspaper market for sports news (Marquard Media Poland, KTK Sport, ?Przeglad Sportowy’)

3859

The interim measures decision commented here was rendered on January 3, 2006 by the Polish Competition Authority - the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President”) - in order to prevent plausible serious and hard-to-remove threats to competition in (...)

Joanna Faruga The Polish NCA restates that professional bodies must comply with competition law provisions notwithstanding the existence of potential alternative legal basis (Poznan Chemists’ Chamber)

4905

The decision at hand, rendered on December 15, 2005 recalls previous decisions issued by the President of the Office of Competition and Consumer Protection (hereafter “OCCP President”) (See J. Faruga and V. Metonidze, The Polish Competition Court upholds the decision of the competition authority (...)

Joanna Faruga The Polish Competition Authority holds that the practice of the public coal company aiming to prevent intermediaries’ access to final customers is an abuse of dominant position (Kompania Weglowa)

4829

The decision at hand, rendered on December 12, 2005, by the President of the Office of Competition and Consumer Protection (hereafter, “OCCP President” or “President of the Office”) concerns practices of Kompania Weglowa S.A., the biggest coal company in the European Union (hereafter, the “Public (...)

Joanna Faruga The Polish Competition Authority, by condemning a town for abusing its dominant position, restates that competition law apply to practices of local government units (Commune of Kielce)

5273

The present decision, rendered on December 2, 2005, concerns the practice of the Municipal Administration of Roads in the city of Kielce (the organizational unit of the commune of Kielce) consisting on the refusal to give access to the municipal transport bus stops to operators other than the (...)

Joanna Faruga The Polish Competition Authority accepts commitments from a water supply operator while stating that the operator has imposed onerous conditions which lead to unjustified profits (Krakow Water Supply and Sewage Municipal Company)

3862

The commented decision which was rendered on October, 14 2005 by the President of the Office for Competition and Consumer Protection (hereafter, “OCCP President” or “President of the Office”) results from the consumer complaint concerning the behaviour of Krakow Water Supply and Sewage Municipal (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority adopts interim measures against the telecommunication incumbent for alleged abuse of its dominant position on the market of domestic and international phone calls (Telekomunikacja Polska - TPSA)

5419

The interest in this decision stems from the fact that it is concerned with the adoption of interim measures, a remedy recently introduced in Polish law. In August 2005, Netia S.A., an operator alternative to Telekomunikacja Polska S.A., the historic operator in Poland (hereafter, “TP S.A.”), (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority condemns a producer of paid TV programs for abusing of its dominant position in the licensing agreement with the cable TV operator (Automatic Serwis v. TVN 24)

2847

President of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), April 15th, 2005, Decision n° RBG-15/2005 concerning TVN 24 Sp. z o.o.’ s abuse of the dominant position on the Polish language paid channel markets of 24h news and weather (Press (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority establishes that the telecommunications incumbent abused its dominant position concerning pre-selection services (Telekomunikacja Polska)

4566

On the 31st of December 2004, the President of the Office for the Competition and Consumers Protection (hereafter, “OCCP President” or “President of the Office”) issued a decision in which he condemned the practices of Telekomunikacja Polska S.A. (hereafter “TP S.A.”) concerning the alternative (...)

Joanna Faruga, Veronika Metonidze The Polish competition authority condemns a professional order for minimal price fixing of vet services (Lublin Chamber of Vet Medicine)

2980

In 2004, the Lublin branch office of the Office for Competition and Consumer Protection (hereafter “OCCP”) opened an antimonopoly investigation concerning the practices of the Chamber of Vet Medicine of Lublin (hereafter, “the Chamber”). Chambers are professional bodies in which membership is (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Court upholds the decision of the Competition Authority declaring a professional order liable for concluding an anticompetitive agreement (Warsaw National Notarial Chamber)

3274

Competition and Consumer Protection Court (Sad Ochrony Konkurenji i Konsumentów), December 22nd, 2004, Case concerning the National Notarial Chamber’s in Warsaw anticompetitive agreement (sygn. akt XVII Ama 5O/04), not yet published Sad Ochrony Konkurencji i Konsumentów, wyrok z 22/12/2004 w (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority fines € 457.000 a pharmaceutical company and its distributor for price fixing and supply limiting agreements (Johnson & Johnson - COMPOL)

7840

Johnson & Johnson Poland, member of the worldwide group of producing, import-exporting and selling of pharmaceuticals, is in charge of the distribution in Poland of a Swiss made medicine, Eprex. This medicine is used in the treatment of anemia provoked by an insufficient level of (...)

Joanna Faruga, Veronika Metonidze The Polish Competition Authority prohibits an entrepreneur in dominant position to discriminate between national and foreign entrepreneurs (Regional Board of Management of State Forests in Wroclaw)

3103

President of the Office of Competition and Consumer Protection (Prezydent Urzedu Ochrony Konkurencji i Konsumentów), May 21st, 2004, Decision n° RWR-22/2004, concerning the practices of the Regional Board of Management of State Forests in Wroclaw (Press release) Decyzja z dnia 21.05.2004r. (...)

Joanna Faruga, Veronika Metonidze The Polish competition authority establishes that a town has abused of its dominant position by limiting the number of resellers for public transportation (Commune W.)

5825

On September 19th 2003, the President of the Office for the Competition and Consumers Protection (hereafter, OCCP President or, President of the Office) decided that the practice of Commune W. to limit the number of persons eligible to sell fixed term tickets for the city public transportation (...)

5956 Review

Joanna Faruga Settlement proceedings in competition law: US & European comparisons

5956

1. Le recours aux procédures dites négociées imprègne de plus en plus la mise en oeuvre du droit de la concurrence. Ces procédures offrent aux autorités un éventail de mesures plus flexibles et plus adaptées aux diverses situations qui se posent en pratique, et leur permettent de concentrer leurs (...)

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