In the judgement of 7 March 2018 (III SK 6/17), the Polish Supreme Court (“SC”) examined the case of non-compliance with the decision of the President of the Office of Competition and Consumer Protection (“NCA”) on the abuse of a dominant position by PKP Cargo, Poland’s largest railway freight carrier (“PKP”). The decisions and judgments issued in the PKP saga provide a very interesting showcase of procedural and substantive issues pertaining to combatting abuses of dominance in network industries. These include questions related to the scope of grounds of appeal in non-compliance decisions as compared to the prohibition decisions on which they were based. Procedure The judgement was given after PKP filed a cassation claim against the verdict of the Court of Appeal in Warsaw (“CA”) of 5
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The Polish Supreme Court examines a case of non-compliance with a decision of the Competition Authority finding an abuse of dominant position (PKP Cargo)
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