A local government’s right to determine the conditions of operating on the market for communal waste collection. Can such conditions lead to an anticompetitive foreclosure of that market? Case comment to the judgement of the Supreme Court of 14 November 2008 – City Kalisz (Ref. No. III SK 9/08)
In the decision (no. RPZ-40/2005) issued on 30 December 2005, the President of the Office of Competition and Consumer Protection (UOKiK) established an infringement of Article 8(2)(5) and (8) of the Act of 15 December 2000 on Competition and Consumer Protection1 by the Kalisz city borough (Miasto Ka...
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| Format: | Article |
| Language: | English |
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University of Warsaw
2009-11-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2009_2_2/15-a_local.pdf |
| Summary: | In the decision (no. RPZ-40/2005) issued on 30 December 2005, the President of the Office of Competition and Consumer Protection (UOKiK) established an infringement of Article 8(2)(5) and (8) of the Act of 15 December 2000 on Competition and Consumer Protection1 by the Kalisz city borough (Miasto Kalisz, hereafter MK). The abuse took the form of preventing the creation of conditions necessary for the emergence or development of competition and market sharing. The same forms of abuse are currently listed in Article 9 of the new Act of 16 July 2007 on Competition and Consumer Protection3 (hereafter, Competition Act). Miasto Kalisz made the granting of a permit to collect communal waste from property owners subject to the possession of a technical base situated in the territory of MK or a neighbouring district. The UOKiK President ordered MK to cease the contested practice and imposed upon MK a fine. |
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| ISSN: | 1689-9024 2545-0115 |