Examples of Polish Competition Law in a sentence
If it were made possible to assess it also under the Polish Competition Law, this would actually undermine the purpose of sector-specific regulation.
For instance, access to the gas or electricity network is governed both at the statutory level (by numerous provisions of the Energy Law Act) and at the level of secondary legislation (by the so-called system regulations16) when in the competition law the only basis of the prohibition to abuse the dominant position is Article 9 of the Polish Competition Law, which merely repeats the wording of Article 102 of the Treaty on the Functioning of the European Union (hereafter, TFEU).
Accordingly, this finding may imply that energy law would be lex specialis in relation to Competition Law to the extent the energy law regulations were comprehensive (that is to say, it would not allow any discretion).At the same time, the Supreme Court in its judgement does not prejudge if the refusal to access the network constituted abuse of the natural monopoly of the network company under the Polish Competition Law.
Act of 16 February 2007 on competition and consumer protection (Journal of Laws 2007 No. 50, item 337, as amended), hereafter, Polish Competition Law or PCL.
A risk based approach will take into account the size of the project, the amount of funding going to a partner and the track record of the UK partner in managing IUK projects.
Thus, there is no reason to believe that the Polish Competition Law is some sort of ‘super-legislation’ that can make other national legislation ineffective.
GRDA proposes to continue implementing the DO Mitigation Plan, but GRDA proposes to no longer implement the SAMP and DAMP.
Błachucki, Polish Competition Law – Commentary, Case Law and Texts, Warszawa 2013, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2257719&download=yes (30.03.2014).
Miąsik, “Solvents to the Rescue – a Historical Outline of the Impact of EU Law on the Application of Polish Competition Law by Polish Courts” (2010) 3(3) YARS 11.
The Supreme Court expressed the opinion that the provisions of the Polish Competition Law apply to all markets, including that of telecommunications, unless a specific act generally excludes the application of the Competition Law or compels a form of conduct which should be deemed a restrictive practice from the perspective of the Competition Law’s provisions.