Supreme Court dismisses appeal; mere restriction of freedom of action is insufficient to prove competition restriction under Act on Protection of Competition.

The Supreme Court of Poland dismissed the cassation appeal against the President of the Competition and Consumer Protection Office's decision. The court found that the municipal authority's refusal to conclude a waste removal contract with the defendant merely restricted the defendant's freedom of action but did not constitute a competition restriction under Article 8(2)(5) of the Act on Protection of Competition and Consumers. The court ruled that such a restriction requires a detailed analysis of its impact on market competitiveness and whether the facility is an essential infrastructure, rather than relying solely on the fact that more competitors using the facility would benefit consumers.