Freedom of competition or environmental safety – what should a municipality prioritize?Case comment to the judgment of the Supreme Court of 3 March 2010 – Katowice Commune(Ref. No. III SK 37/09)

• Main Author: Bartosz Targański
• Format: Article
• Language: English
• Published: University of Warsaw 2011-11-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Online Access: https://yars.wz.uw.edu.pl/images/yars2011_4_5/Targanski_Freedom_of_competition.pdf

The Supreme Court delivered on 3 March 2010 an important judgment that concerns competition in local markets for waste management. According to this ruling, the limitation by a municipality of the number of landfills where municipal waste can be disposed of does not constitute an abuse of its dominant position. The Supreme Court held that such an action is justified by the Act on Waste1 whereby priority in determining the number of usable landfills should be given to the best technology available rather than distance from the place where waste was created. The judgment concerns the relationship between the Act of 16 February 2007 on Competition and Consumer Protection2 (herafter, Competition Act) and other Polish legislation – an issue which has been dealt with by the Supreme Court on a number of occasions already. The interest level of this particular case is high because it relates to the hierarchy of the responsibilities of municipalities for ensuring the competitiveness of local markets and their responsibility for environmental safety.