Supreme Court dismisses appeal, shifting burden of proof on market definition to the competition authority.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal against a competition authority decision regarding Telekomunikacja Polska's alleged monopoly practices. The court held that the burden of correctly defining the relevant market rests with the competition authority, not the enterprise. Consequently, the court found the lower court's abstract analysis of a conglomerate market insufficient to prove exclusionary conduct without concrete local market evidence.
Legislator headnote
AI generatedArt. 8 ust. 1 w związku z art. 8 ust. 2 pkt 1 ustawy o ochronie konkurencji i konsumentów; The burden of proving the correct definition of the relevant market lies with the competition authority, and abstract analysis of a conglomerate market is insufficient to establish exclusionary conduct without concrete local market evidence.