Supreme Court allows electronic communications office to define market scope and set fees via comparative method.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Telekomunikacja Polska against the Electronic Communications Office's regulatory decision. The court upheld the regulator's authority to define the relevant market scope and to verify access fees using a comparative method based on costs, despite the appellant's claims of exceeding statutory powers. The decision clarifies that market analysis requires defining specific services and confirms the comparative method is the only permissible tool for fee verification under the Telecommunications Law.
Regesto Legislator
Generato dall'IAArt. 40 ust. 1, ust. 3 Prawa telekomunikacyjnego; The Electronic Communications Office may define the relevant market scope and verify access fees using a comparative method based on costs, without exceeding its statutory powers.