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
The Polish Competition Authority establishes that a town has abused dominant position by limiting the number of resellers for public transportation (Commune W.)
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.