Waiting for the Polish Trinko
Article from: OGEL 1 (2010), in Antitrust in the Energy Sector
(Revised version February 2010) Polish Supreme Court rendered recently a precedent judgement referring to the complex relationship between the national competition (antitrust) law and the sector specific energy law. The Supreme Court overturned the Court of Appeals' judgement that upheld the decision of the Polish competition authority (President of the Office of Competition and Consumer Protection) whereby the authority held that a refusal to provide access to the gas transmission network was an abuse of a dominant position on the relevant market. Accordingly, the ...