VOL.
2011, 4(5)
Polish Antitrust Experience with Hub-and-Spoke Conspiracies
by
Antoni Bolecki*
CONTENTS
I.
Definition of conduct known as ‘hub-and-spoke’
II.
Hub-and-spoke – legal decisions in other jurisdictions
III.
Detailed reconstruction of hub-and-spoke practices in Polish cases –
PCW (2006), Tikkurila (2010) and Akzo...
More
VOL. 2011, 4(5) Polish Antitrust Experience with Hub-and-Spoke Conspiracies by Antoni Bolecki* CONTENTS I. Definition of conduct known as ‘hub-and-spoke’ II. Hub-and-spoke – legal decisions in other jurisdictions III. Detailed reconstruction of hub-and-spoke practices in Polish cases – PCW (2006), Tikkurila (2010) and Akzo Nobel (2010) IV. Hub-and-spoke – independent practice or element of another practice? V. ‘Hub’ as the initiator of the agreement VI. Standard of proof VII. Duration VIII. Conclusions Abstract A hub-and-spoke conspiracy involves an exchange of confidential information primarily concerning future prices. The exchange takes place generally between competing distributors via a common supplier but a reverse relationship is also possible. The essence of hub-and-spoke lies in the fact that there is no direct contact between competitors – the party guaranteeing the information flow is normally the common supplier (distributor in a reverse scenario). A hub-and-spo
Less
From Michal Mijal
VOL.
2011, 4(5)
Simple procedural infraction or a serious obstruction of antitrust
proceedings – are fines in the region of 30-million EURO justified?
Case comment to the decisions of the President of the Office for
Competition and Consumer Protection of 4 November 2010
Polska Telefonia Cyfrowa Sp.
z o.
o.
(DOK-9/2010)
and of 24...
More
VOL. 2011, 4(5) Simple procedural infraction or a serious obstruction of antitrust proceedings – are fines in the region of 30-million EURO justified? Case comment to the decisions of the President of the Office for Competition and Consumer Protection of 4 November 2010 Polska Telefonia Cyfrowa Sp. z o. o. (DOK-9/2010) and of 24 February 2011 Polkomtel SA (DOK-1/2011) Facts This case comment concerns two decisions issued by the Polish antitrust authority with respect to inspections carried out in December 2009 as part of an ongoing antitrust investigation relating to the Polish mobile television market. Simultaneous inspections were carried out in the premises of five Polish telecom companies: Polska Telefonia Cyfrowa Sp. z o. o. (PTC), Polkomtel SA (Polkomtel), P4 Sp. z o. o. , InfoTV-FM Sp. z o. o. and NFI Magna Polonia S. A. The first decision (DOK-9/2010) was issued by the President of the Office for Competition and Consumer Protection (in Polish: Urząd Ochrony Konkurencj
Less
From Michal Mijal
VOL.
2011, 4(5)
More economic approach to exclusivity agreements:
how does it work in practice?
Case comment to the judgment of the Court of Appeals in Warsaw
of 25 February 2010 –
Lesaffre Polska
(Ref.
No.
VI ACa 61/09)
Introduction
No other topic draws as much attention in competition law as the need for an
economic approach1...
More
VOL. 2011, 4(5) More economic approach to exclusivity agreements: how does it work in practice? Case comment to the judgment of the Court of Appeals in Warsaw of 25 February 2010 – Lesaffre Polska (Ref. No. VI ACa 61/09) Introduction No other topic draws as much attention in competition law as the need for an economic approach1 and yet, it is still a ‘deficit’ approach. Authorities enforcing competition protection rules are still very attached to the formalistic approach and this is an affliction not only of the Polish but also of the EU authorities and courts2. The judgments delivered in 2010 by the Polish first and second instance courts responsible for competition matters in the Lesaffre case3 appears here as an exception4. 1 This trend is articulated in the Community legal order, in particular in the 90’s: joined cases T-374/94, T-375/94, T-384/94 and T-388/94 European Night Services and Others v. Commission, ECR [1998] III-3141, para. 136-137, although the need was also ex
Less
From Michal Mijal
VOL.
2011, 4(5)
Freedom of competition or environmental safety
– what should a municipality prioritize?
Case comment to the judgment of the Supreme Court of 3 March 2010
– Katowice Commune
(Ref.
No.
III SK 37/09)
Introduction
The Supreme Court delivered on 3 March 2010 an important judgment that
concerns competition in local...
More
VOL. 2011, 4(5) Freedom of competition or environmental safety – what should a municipality prioritize? Case comment to the judgment of the Supreme Court of 3 March 2010 – Katowice Commune (Ref. No. III SK 37/09) Introduction The Supreme Court delivered on 3 March 2010 an important judgment that concerns competition in local markets for waste management. According to this ruling, the limitation by a municipality of the number of landfills where municipal waste can be disposed of does not constitute an abuse of its dominant position. The Supreme Court held that such an action is justified by the Act on Waste1 whereby priority in determining the number of usable landfills should be given to the best technology available rather than distance from the place where waste was created. The judgment concerns the relationship between the Act of 16 February 2007 on Competition and Consumer Protection2 (herafter, Competition Act) and other Polish legislation – an issue which has been dealt w
Less
From Michal Mijal
VOL.
2011, 4(5)
Legislative Developments in the Aviation Sector in 2010
by
Filip Czernicki*
The Polish Aviation Law (in Polish: Prawo Lotnicze; hereafter, PL) of 3 July
2002 was amended only once in 2009.
The amendment was introduced by the
Act on the amendment of the Act on the Provision of services on the territory of
the Republic...
More
VOL. 2011, 4(5) Legislative Developments in the Aviation Sector in 2010 by Filip Czernicki* The Polish Aviation Law (in Polish: Prawo Lotnicze; hereafter, PL) of 3 July 2002 was amended only once in 2009. The amendment was introduced by the Act on the amendment of the Act on the Provision of services on the territory of the Republic of Poland of 4 March 20101, which entered into force on 10 April 2010. Accordingly, two new provisions were introduced into Polish aviation law: sub-article 1a was inserted into the existing Article 160 PL and a new Article 160a was created. Both insertions specify that the Act on the Provision of services on the territory of the Republic of Poland does not apply to its Aviation Law. Furthermore, four acts of secondary legislation concerning the aviation sector were issued in 2010 by the Polish Minister of Infrastructure. First, the executive order dated 18 February 20102 confirmed the applicability to Poland of the international requirements set out
Less
From Michal Mijal
VOL.
2011, 4(5)
Legislative Developments and Decisional Practice
in the Postal Sector in 2009 and 2010
by
Monika Krakała-Zielińska*
I.
Legislation
In Poland, the rendering of postal services is regulated by the Act of 12 June
2003 – Postal Law (in Polish: Prawo Pocztowe; hereafter the PP Act)1.
The Act
determines the conditions...
More
VOL. 2011, 4(5) Legislative Developments and Decisional Practice in the Postal Sector in 2009 and 2010 by Monika Krakała-Zielińska* I. Legislation In Poland, the rendering of postal services is regulated by the Act of 12 June 2003 – Postal Law (in Polish: Prawo Pocztowe; hereafter the PP Act)1. The Act determines the conditions governing postal activities and their control as well as the rendering of postal services and the universal postal service. In 2009, the National Regulatory Authority proposed to the Ministry of Infrastructure a number of amendments to the PP Act2. The new provisions were to ensure in particular fair conditions for postal operators to compete and for consumers to obtain access to postal services of high quality and at affordable prices. In this context, separate definitions of the different types of postal services3 were of key importance. The absence of such definitions makes it possible for private operators to classify postal services as carriage servi
Less
From Michal Mijal
VOL.
2011, 4(5)
LEGISLATION AND CASE LAW REVIEWS
Polish Antitrust Legislation and Case Law Review 2010
by
Agata Jurkowska-Gomułka*
CONTENTS
I.
Antitrust legislation.
Group exemption on motor vehicle distribution
II.
Antitrust case law
1.
General characteristics of 2010 jurisprudence
2.
Appreciability of a competition restricting...
More
VOL. 2011, 4(5) LEGISLATION AND CASE LAW REVIEWS Polish Antitrust Legislation and Case Law Review 2010 by Agata Jurkowska-Gomułka* CONTENTS I. Antitrust legislation. Group exemption on motor vehicle distribution II. Antitrust case law 1. General characteristics of 2010 jurisprudence 2. Appreciability of a competition restricting practice on the Polish market 3. Agreements restricting competition 3. 1. Price agreements 3. 2. Exclusive purchase clause 4. Abuse of a dominant position 4. 1. Public interest as a prerequisite for the application of the Competition Act in abuse cases 4. 2. Imposition of unfair prices and trading conditions 4. 3. Counteracting the formation of the conditions necessary for the emergence or development of competition 4. 4. Imposition of onerous terms and conditions 4. 5. Tying 5. Control of concentration 6. Relevant market definitions 7. Relationships between the decisions of the UOKiK President and decisions of other regulatory authorities 8.
Less
From Michal Mijal
VOL.
2011, 4(5)
The very relevant market.
Case comment to the judgment of the Court of Appeals
in Warsaw of 22 April 2010 –
Interchange fee
(Ref.
No.
VI ACa 607/09)
Introduction
Although almost five years have gone by since the issue of the first decision of the
President of the Polish Office for Competition and Consumer...
More
VOL. 2011, 4(5) The very relevant market. Case comment to the judgment of the Court of Appeals in Warsaw of 22 April 2010 – Interchange fee (Ref. No. VI ACa 607/09) Introduction Although almost five years have gone by since the issue of the first decision of the President of the Polish Office for Competition and Consumer Protection (in Polish: Urząd Ochrony Konkurencji i Konsumentów; hereafter, UOKIK) regarding multilateral interchange fees, the case is yet to be resolved. In 2010, the Court of Appeals in Warsaw annulled the judgment of the Court for Competition and Consumer Protection1 (in Polish: Sąd Ochrony Konkurencji i Konsumentów; hereafter, SOKiK), which in turn overruled the original decision issued by the UOKiK President. The antitrust decision and following judgments reflect varying views on how to apply competition law to payment card systems. In addition, they appear to mirror the various approaches adopted by the European Commission in its subsequent decisions with
Less
From Michal Mijal
VOL.
2011, 4(5)
2010 Amendments to the Polish Energy Law
by
Filip Elżanowski*
CONTENTS
I.
General remarks
II.
The Act of January 8, 2010 on amending the Energy Law and on
amending certain other acts
1.
The amendment’s general aims and premises
2.
The particulars of the procedure for changing the seller
3.
Changes to the...
More
VOL. 2011, 4(5) 2010 Amendments to the Polish Energy Law by Filip Elżanowski* CONTENTS I. General remarks II. The Act of January 8, 2010 on amending the Energy Law and on amending certain other acts 1. The amendment’s general aims and premises 2. The particulars of the procedure for changing the seller 3. Changes to the procedure for obtaining the terms for connecting a source to the electricity grid 4. Changes in the procedure for designating an operator of a transmission system distribution system, storage system, system for liquefying natural gas, or the operator of a combined system 5. The introduction of a system of support for generating electricity in high-efficiency cogeneration by units burning methane from mines or gas obtained from processing biomass 6. The introduction of the support system for generating agricultural biogas 7. The implementation of Directive 2005/89/EC of the European Parliament and of the Council of January 18, 2006 concerning measures to safegu
Less
From Michal Mijal
VOL.
2011, 4(5)
B O O K S R E V I E W S
Agata Jurkowska-Gomułka, Tadeusz Skoczny,
Wspólne reguły konkurencji Unii Europejskiej
[Common European Union Competition Rules],
1st ed.
, Instytut Wydawniczy EuroPrawo, Warszawa 2010, 431 p.
The work under review entitled: Common European Union competition rules is part of
the textbook...
More
VOL. 2011, 4(5) B O O K S R E V I E W S Agata Jurkowska-Gomułka, Tadeusz Skoczny, Wspólne reguły konkurencji Unii Europejskiej [Common European Union Competition Rules], 1st ed. , Instytut Wydawniczy EuroPrawo, Warszawa 2010, 431 p. The work under review entitled: Common European Union competition rules is part of the textbook series: The system of European Union Law. As its Volume XXIV, it successfully carries out the intentions of its Authors and publisher of this series, Publishing Institute EuroPrawo, to ‘present in a professional and modern way – and yet approachable and transparent – the key institutional and systemic issues of the European Union’1. Common competition rules are undoubtedly one of their fundamental principles, essential to the achievement of a single internal market. As such, they relate both to private and public entities, and to almost all sectors of the economy in the internal market. The knowledge of EU competition rules is becoming increasingly necessar
Less
From Michal Mijal
Poland
Facebook
Digg
del.icio.us
Furl
rededit
StumbleUpon