In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the Office of Competition and Consumer Protection (“NCA”) in its decision of 5 July 2012, (DOK-2/2012, “Decision”) nor the appellate courts during appeal proceedings established a sufficiently precise relevant market definition to enable the finding of an infringement. Facts PGNiG is the largest seller of natural gas (“NG”) entering the transmission and distribution system in the country. NowyGaz Sp. z o.o. is an undertaking who sells NG to end-users. It does not have its own pipelines and is forced to use the
The Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
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