The Polish Supreme Court decides on the validity of the refusal of the gas network access (Bartimpex)

The recent verdict to the Polish Supreme Court seems to put to an end a very old dispute over the refusal to grant access to the Polish gas transmission system. It also deserves attention as it discusses the nature of the anticompetitive practices that amount to “refusal to sale”. Facts of the case Between years 2000 and 2003 the largest Polish natural gas trader and owner of the gas transmission and distribution system (“PGNIG”) refused to provide transmission services to one of its potential competitors (Bartimpex), who intended to import gas to Poland. This refusal has been based on the provisions of the Polish Energy Law (“PEL” or “energy law”) which provided for the third party access to the gas system only

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Aleksander Stawicki, The Polish Supreme Court decides on the validity of the refusal of the gas network access (Bartimpex), 15 July 2009, e-Competitions Bulletin July 2009, Art. N° 27843

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