The Polish Competition Authority considers that a practice capable of affecting trade between Member States may be deemed as an aggravating factor in the assessment of anticompetitive practices (PZU Życie)

It is well known that since 1st May 2004 and according to Article 3(1) of the Regulation n° 1/2003 [1] the President of the Office of Competition and Consumer Protection (hereafter: the OCCP President), as the Polish National Authority, cannot apply only national law to practices prohibited by Articles 81 and 82 of the EC Treaty. The present decision n° DOK 96/2007 dated 25 October 2007 gives a practical example of such parallel application. It is well known as well that the parallel application is conditioned upon the effect on trade criterion. However, the present decision will question whether this element can play another role, i.e. be considered as an aggravating circumstance while assessing a fine. In November 2004 the OCCP President received a complaint from a number of

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  • DG COMP (Brussels)

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Joanna Faruga, The Polish Competition Authority considers that a practice capable of affecting trade between Member States may be deemed as an aggravating factor in the assessment of anticompetitive practices (PZU Życie), 25 October 2007, e-Competitions October 2007, Art. N° 17631

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