Legislator Case Law & Legislation
III SK 37/09 AI generated

Supreme Court dismisses appeal against competition fine, ruling evidence insufficient to prove market restriction.

Case Number III SK 37/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal filed by a municipality against a competition fine imposed by the President of the Competition and Consumer Protection Office. The court found that the municipality failed to provide convincing evidence that limiting waste disposal sites significantly impacted market competition or pricing. Consequently, the lower court's application of the anti-competitive practice provision was deemed erroneous due to the lack of proof regarding market effects.

Legislator headnote

AI generated

Ustawa z dnia 16 lutego 2007 r. o ochronie konkurencji i konsumentów; A dominant market participant's restriction of competitors' freedom is an abuse of dominance only if it has the capacity to significantly influence competitive parameters such as market entry or pricing.

Keywords

AI generated
abuse of dominant position waste disposal market competition fine burden of proof market restriction

Cited Legislation

AI generated
Ustawa z dnia 16 lutego 2007 r. o ochronie konkurencji i konsumentów
Ustawa z dnia 29 lipca 2005 r. o zmianie ustawy o odpadach
art. 233 § 1 k.p.c

Cited Case Law

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