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...
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
