Keywords
abuse of a dominant position, market foreclosure, exclusionary/exploitative practices/abuses, leveraging, unfair/onerous terms and conditions
Abstract
The paper presents the achievements of Polish jurisprudence concerning the prohibition of a dominant position abuse laid down in Article 9 of the Competition Act 2007. It is shown that the interpretative practice of its basic concepts has been shaped over the last fi ve years, especially by the Supreme Court, facilitating its application to exclusionary abuse in particular. It is noted that Polish jurisprudence has developed in that time the understanding of key concepts such as the general defi nition of exclusionary abuse and the notion of market foreclosure. The article shows also that judicial interpretation of the main criteria used to determine that a dominant fi rm’s conduct is exploitative – “unfairness” and “onerous character” of the imposed terms and conditions – moves towards a convergence of these two concepts. The article provides in conclusions suggestions de lege ferenda on possible changes to the content or design of Article 9 of the Competition Act 2007.
Recommended Citation
Kohutek, K. (2012). Five years of the application of the prohibition of a dominant position abuse in the light of the Competition Act 2007: the evolution of the interpretation of its key concepts. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(1), 60-73. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss1/5
First Page
60
Last Page
73
Page Count
13
Publisher
University of Warsaw
