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...
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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
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