Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)

In the decision RPZ-18/2006 issued on 5 July 2006, the President of the Office of Competition and Consumer Protection (hereafter, UOKiK) stated that the practices of the Rychwał Commune constituted an abuse of its dominant position held on the local market for liquid waste services. The practice con...

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Bibliographic Details
Main Author: Joanna Jeżewska
Format: Article
Language:English
Published: University of Warsaw 2010-11-01
Series:Yearbook of Antitrust and Regulatory Studies
Online Access:https://yars.wz.uw.edu.pl/images/yars2010_3_3/Jezewska_Possible_objective_justification_of_a_network_monopolys_refusal.pdf
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spelling doaj-a0fba9707d33406ebe3d669d10a6bff32020-11-25T04:04:40ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152010-11-0133271276Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)Joanna JeżewskaIn the decision RPZ-18/2006 issued on 5 July 2006, the President of the Office of Competition and Consumer Protection (hereafter, UOKiK) stated that the practices of the Rychwał Commune constituted an abuse of its dominant position held on the local market for liquid waste services. The practice consisted of the refusal to conclude an agreement with an entrepreneur for the receiving of liquid waste from the residents of the Commune. Rychwał refused to conclude the contract on technical grounds stating that the amount of liquid waste that could be received by their refinery was limited by the amount inflowing through their sanitary sewage system. The Commune invoked also the refinery’s exploitation manual and stressed that the facility’s limits were filled by those entities that were already providing such services in its territory, seeing as the Commune has previously signed several of such contracts with other entities.https://yars.wz.uw.edu.pl/images/yars2010_3_3/Jezewska_Possible_objective_justification_of_a_network_monopolys_refusal.pdf
collection DOAJ
language English
format Article
sources DOAJ
author Joanna Jeżewska
spellingShingle Joanna Jeżewska
Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)
Yearbook of Antitrust and Regulatory Studies
author_facet Joanna Jeżewska
author_sort Joanna Jeżewska
title Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)
title_short Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)
title_full Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)
title_fullStr Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)
title_full_unstemmed Possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. Case comment to the judgement of the Supreme Court of 14 January 2009 – Rychwał Commune (Ref. No. III SK 24/08)
title_sort possible objective justification of a network monopoly’s refusal to conclude an agreement on an interconnected market. case comment to the judgement of the supreme court of 14 january 2009 – rychwał commune (ref. no. iii sk 24/08)
publisher University of Warsaw
series Yearbook of Antitrust and Regulatory Studies
issn 1689-9024
2545-0115
publishDate 2010-11-01
description In the decision RPZ-18/2006 issued on 5 July 2006, the President of the Office of Competition and Consumer Protection (hereafter, UOKiK) stated that the practices of the Rychwał Commune constituted an abuse of its dominant position held on the local market for liquid waste services. The practice consisted of the refusal to conclude an agreement with an entrepreneur for the receiving of liquid waste from the residents of the Commune. Rychwał refused to conclude the contract on technical grounds stating that the amount of liquid waste that could be received by their refinery was limited by the amount inflowing through their sanitary sewage system. The Commune invoked also the refinery’s exploitation manual and stressed that the facility’s limits were filled by those entities that were already providing such services in its territory, seeing as the Commune has previously signed several of such contracts with other entities.
url https://yars.wz.uw.edu.pl/images/yars2010_3_3/Jezewska_Possible_objective_justification_of_a_network_monopolys_refusal.pdf
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