The Polish Competition Court confirms the NCA’s decision finding that the use of exclusive agreement clauses in distribution contracts can constitute an abuse of dominant position if it leads to entry foreclosure (SHiUZ - Animal Breeding and Insemination Centre)

On November 9th, 2011 the Warsaw District Court - the Court for Competition and Consumer Protection (SOKiK) rejected the petition for appeal from the decision by the Office for Competition and Consumer Protection (UOKiK) in which Stacja Hodowli i Unasieniania Zwierząt (SHiUZ -Animal Breeding and Insemination Centre) had been found to abuse its dominant position on the market of bull semen distribution in Northern and Eastern Poland. The Court has decided to uphold the fine of PLN 487.129,50 (ca. €110.000) imposed by the UOKiK’s President. The Facts The Animal Breeding and Insemination Centre (SHiUZ) is a limited liability company based in Bydgoszcz, Poland. SHiUZ is one of only four businesses in Poland who hold necessary licences to collect, extend, distribute and sell bull semen.

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Piotr Adamczewski, Aleksander Misiura, The Polish Competition Court confirms the NCA’s decision finding that the use of exclusive agreement clauses in distribution contracts can constitute an abuse of dominant position if it leads to entry foreclosure (SHiUZ - Animal Breeding and Insemination Centre), 9 November 2011, e-Competitions Bulletin Exclusivity clause, Art. N° 41860

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