Supreme Court dismisses appeal allowing fines despite lack of settled case law on dominant position abuse.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal against a fine imposed for alleged abuse of a dominant position. The appellant argued that the lack of settled case law regarding the specific conduct prevented a valid penalty, while the Competition Authority maintained the refusal to supply gas constituted a violation. The court ruled that the absence of a consistent judicial line does not bar the imposition of fines, emphasizing that the administrative body's doubts and conflicting interpretations did not justify the penalty.
Legislator headnote
AI generatedArt. 8 ust. 2 pkt 2, 5 ustawy o ochronie konkurencji i konsumentów; Art. 101 ust. 1 pkt 1 ustawy; Art. 2, 7 Konstytucji RP: The absence of a settled line of case law regarding the qualification of a specific act as a practice restricting competition does not constitute an obstacle to imposing monetary fines for the violation of the prohibition.