INTERNATIONAL: POLAND - COMPETITION LAW - ENFORCEMENT - VERTICAL AGREEMENTS

Poland: Enforcement of vertical restraints in Poland - Practitioner’s insight

The article discusses the law and the decisional as well as judicial practice in the area of Polish competition law related to the vertical agreements. The paper puts the issue in the perspective of the overall activity of the Polish NCA and presents a close-up to the vertical restrains. It describes in more detail typical and most frequent restrains such as RPM, and in addition to it, it lists some more specific topics that came to the attention of the Polish enforcer. At last, the article mentions some interesting procedural peculiarities to be noted from the practitioner’s perspective.

Introduction 1. Vertical agreements and vertical restrictions that qualify as prohibited under the Treaty or relevant national laws are bread and butter for competition lawyers across the EU, and that is despite fairly limited hard case involvement of the Commission in the area. If anyone doubted it, the recent (July 2018) Commission decisions issued in relation to various resale price maintenance (RPM) practices of Asus, Denon & Marantz, Philips and Pioneer [1] made clear that the European enforcer has not abandoned the realm that may have seemed neglected since the EU competition law enforcement reform which entered into force on 1 May 2004 (introduced by Regulation 1/2003). In Poland, by contrast, vertical agreements have attracted regular attention of the National Authority

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Małgorzata Modzelewska de Raad, Poland: Enforcement of vertical restraints in Poland - Practitioner’s insight, May 2019, Concurrences Review N° 2-2019, Art. N° 89871, www.concurrences.com

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