The Polish Supreme Court issues a leading ruling defining the concept of abuse of a dominant position ("Water supply and sewage disposal services" case)

On 16 October 2008, the Polish Supreme Court issued a decision clearly defining the concept of abuse of a dominant position by imposing unfair contractual conditions. The main legal points concerned the ability to act independently as an element of the definition of a dominant position. The court also provided guidelines on how to understand the concept of onerous agreement terms and conditions as well as the gaining of unfair profits by a dominant undertaking as an abuse of a dominant position. Factual background In 2006, the President of the Office of Competition and Consumer Protection (‘OCCP') condemned a regional undertaking providing water supply and sewage disposal services for abuse of a dominant position in the local market. The main charges were grounded on the limitation of

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Authors

  • Greenberg Traurig Grzesiak (Warsaw)
  • PKN Orlen (Warsaw)

Quotation

Robert Gago, Piotr Borowiec, The Polish Supreme Court issues a leading ruling defining the concept of abuse of a dominant position ("Water supply and sewage disposal services" case), 16 October 2008, e-Competitions October 2008, Art. N° 26441

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