Agreement to limit competition deemed invalid even without explicit intent to interfere with competition mechanisms.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeals filed by two ship operators against the Competition and Consumer Protection Office's decision. The court found that a bidding agreement between the operators constituted a practice limiting competition because its outcome necessarily restricted market entry, regardless of the parties' subjective intent. Consequently, the court upheld the Office's finding that the agreement eliminated competition by preventing non-participants from accessing the river transport market.
Legislator headnote
AI generatedArt. 5 ust. 1 pkt 6 ustawy o ochronie konkurencji i konsumentów; Art. 101 ust. 1 ustawy o ochronie konkurencji i konsumentów: An agreement is considered a practice limiting competition if its outcome necessarily restricts competition, irrespective of the parties' subjective intent to interfere with the competition mechanism.