Keywords
Mobile Termination Rates, SMP decisions, the President of UKE, abuse of a dominant position, excessive pricing, margin squeeze, the European Commission
Abstract
The article seeks to answer the question of whether, and, if so, under what conditions, regulatory decisions whereby the President of UKE (Office for Electronic Communications) imposes on telecommunications undertakings regulatory obligations to set their Mobile Termination Rates at a particular level may be contested in the light of competition law. In the author’s opinion, application by telecoms of MTRs established by virtue of a regulatory decision may be assessed from the point of view of possible abuse of a dominant position taking form of excessive pricing or margin squeeze. Moreover, the article presents a comparative analysis of the extent to which parallel application of competition law and sector-specific regulations to the abovementioned anticompetitive practices is possible under legal regimes of Poland and the EU, taking account of legal provisions as well as of the decision-making practice of competition authorities and law courts’ decisions. The last part of the article addresses procedural aspects of proceedings carried out within this scope by the President of UOKiK (Polish competition authority) and by the European Commission.
Recommended Citation
Różyk-Rozbicka, I. (2012). The opportunities to challenge regulatory decisions of the President of the Office of Electronic Communications pursuant to the provisions of competition law. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 1(5), 6-23. Retrieved from https://press.wz.uw.edu.pl/ikar/vol1/iss5/1
First Page
6
Last Page
23
Page Count
17
Publisher
University of Warsaw
