III SK 5/09
AI generated
Supreme Court allows appeal against competition fine, ruling it must be proportional to dominant position revenues.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland allowed the cassation appeal regarding a competition fine imposed on a newspaper publisher. The court found that while the fine was legally justified, its amount must be proportional to the revenue generated specifically from the dominant newspaper, not total company income. Consequently, the case was remitted to the appellate court for recalculation based on this narrower revenue base.
Legislator headnote
AI generatedArt. 9 ust. 1; Art. 104 ust. 1 ustawy o ochronie konkurencji i konsumentów: The administrative authority must provide reasoned justification for the amount of a competition fine, and courts reviewing the decision must assess its proportionality to the revenue derived from the specific dominant practice.
Keywords
AI generated
competition law
dominant position
administrative fine
proportionality principle
revenue base
cassation appeal
market dominance
Cited Legislation
AI generatedArt. 9 ust. 1 of the Act on Protection of Competition and Consumers
Art. 104 ust. 1 of the Act on Protection of Competition and Consumers
Art. 8 ust. 2 of the Act on Protection of Competition and Consumers
Art. 101 ust. 1 pkt 1 of the Act on Protection of Competition and Consumers
art. 328 k.p.c
art. 233 k.p.c
art. 328 § 2 k.p.c
art. 107 k.p
art. 10 k.p
art. 104 k.p