CASE COMMENTS: UNILATERAL PRACTICES – EXCLUSIONARY ABUSE – REFUSAL TO DEAL – BAD FAITH – TELECOMMUNICATIONS – REGULATED SECTOR

Refusal to deal : The European Commission imposes a 127 million Euros fine on the Polish incumbent telecom operator for having abused its dominant position by delaying entry in the market for Internet access (Telekomunikacja Polska)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Eur. comm., 22 June 2011, Telekomunikacja Polska, Case COMP/39525 In a June decision published in November 2011, the European Commission imposed a fine of 127 million euros on the Polish incumbent operator for abusing its dominant position in the Internet access market. The existence of this infringement decision is in itself worth noting at a time when negotiated procedures are strongly favoured. In the present case, the Commission emphasises that it was anxious to adopt a decision because it intended to impose a fine (pt 12). The Commission's aim was probably to be consistent both with the implementation priorities set out in its 2009 Leniency Notice on

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Authors

  • Catholic University of Louvain
  • Côte d’Azur University, GREDEG (Nice)

Quotation

Anne-Lise Sibony, Frédéric Marty, Refusal to deal : The European Commission imposes a 127 million Euros fine on the Polish incumbent telecom operator for having abused its dominant position by delaying entry in the market for Internet access (Telekomunikacja Polska), 15 February 2012, Concurrences N° 1-2012, Art. N° 41928, pp. 103-107

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