The Polish competition authority establishes that a town has abused of its dominant position by limiting the number of resellers for public transportation (Commune W.)

On September 19th 2003, the President of the Office for the Competition and Consumers Protection (hereafter, OCCP President or, President of the Office) decided that the practice of Commune W. to limit the number of persons eligible to sell fixed term tickets for the city public transportation constitutes dominant position abuse based on the article 8, para. 2, alinea 5 of the Competition and Consumers Protection Act (hereafter, ACCP). As for Article 82 EU, Article 8 of the ACCP provide that a dominant position abuse requires two conditions : i) the undertaking is based on a dominant position ; and, ii) its behaviour constitutes an abuse thereof. In the present case, fulfilment of the first condition was not difficult to prove. According to the Local Self-Government Act, Commune

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Authors

  • French National Research Agency - ANR (Paris)
  • Orrick, Herrington & Sutcliffe (Washington)

Quotation

Joanna Faruga, Veronika Metonidze, The Polish competition authority establishes that a town has abused of its dominant position by limiting the number of resellers for public transportation (Commune W.), 19 September 2003, e-Competitions Bulletin September 2003, Art. N° 185

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