Legislator Case Law & Legislation
III SK 44/04 AI generated

Supreme Court quashes lower court ruling, affirming competition authority's jurisdiction over public interest threats beyond direct harm.

Case Number III SK 44/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's decision regarding a competition dispute between metal manufacturers and the competition authority. The lower court had limited its review to the legality of administrative proceedings, arguing it was merely a first-instance court. The Supreme Court held that the competition authority must assess potential threats to free competition as a matter of public interest, not just actual harm to specific contractors. Consequently, the case was remanded for a new trial to properly evaluate the public interest implications of the anti-competitive agreement.

Legislator headnote

AI generated

Art. 393 § 1 k.p.c.; The competition authority's jurisdiction extends beyond reviewing administrative legality to assessing potential threats to free competition as a matter of public interest, requiring evaluation of market conditions rather than solely direct harm to specific contractors.

Keywords

AI generated
competition law jurisdiction public interest protection anti-competitive agreements market potential threat remand for retrial administrative review scope monopoly regulation

Cited Legislation

AI generated
Art. 393 § 1 k.p.c.
art. 233 k.p.c
art. 232 k.p.c
art. 328 § 2 k.p.c
art. 39313 § 1 k.p.c

Cited Case Law

AI generated
I CKN 496/01
XVII Ama 19/97
I CKN 837/97
I CK 81/02

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