The Polish Competition Authority reverses on procedural grounds the telecom regulator’s decision having fined the former incumbent for tying Internet and telecommunications offers (Telekomunikacja Polska)

In May, the Polish Court for Competition and Consumer Protection reversed the decision of the President of the Office for Electronic Communications (OEC) imposing a fine of 100,000,000 PLN on Telekomunikacja Polska S.A. (“TP S.A.”) for the unauthorized binding of offers of Neostrada tp (an internet service provider) and telephone subscription. The said decision was issued in September 2006, and the decision of this court was not enforceable at the time of writing [July 2007] and was subject to appeal. In issuing its decision, the Court based its judgment on three arguments: first, gross infringement of law because the President of the OEC was not appointed in accordance with law, thus making any decision by her invalid. Second, infringement of art. 10 of the Code of Administrative

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Authors

  • DeBenedetti Majewski Szczesniak (Warsaw)
  • Bartkowiak Wojciechowski Halupczak Springer (Warsaw)

Quotation

David DeBenedetti, Katarzyna Milek, The Polish Competition Authority reverses on procedural grounds the telecom regulator’s decision having fined the former incumbent for tying Internet and telecommunications offers (Telekomunikacja Polska), 1 May 2007, e-Competitions May 2007, Art. N° 13784

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