Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19)
In one of the court proceedings concerning a cassation appeal, brought against the decision of the President of the Office of Competition and Consumer Protection (UOKiK), the Polish Supreme Court expressed in its judgment of 29 July 2020 (I NSK 8/19) a view on the role of expert evidence in the defi...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Warsaw
2021-12-01
|
| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2021_14_24/YARS_1424_10Wasilewski.pdf |
| _version_ | 1811179228117336064 |
|---|---|
| author | Rafał R. Wasilewski |
| author_facet | Rafał R. Wasilewski |
| author_sort | Rafał R. Wasilewski |
| collection | DOAJ |
| description | In one of the court proceedings concerning a cassation appeal, brought against the decision of the President of the Office of Competition and Consumer Protection (UOKiK), the Polish Supreme Court expressed in its judgment of 29 July 2020 (I NSK 8/19) a view on the role of expert evidence in the definition of the relevant market, and more specifically, in the determination of product substitutability. By dismissing the corporate applicant’s cassation appeal, the Court stated that admission of expert evidence was not necessary, given that the substitutability of products is decided mainly by customer adoption and not their chemical composition. This article aims to present the arguments cited to this end by the Supreme Court and to analyze them through the prism of defining the relevant market and the specificity of expert evidence in determining the boundaries of the relevant market for the purposes of applying competition law. |
| first_indexed | 2024-04-11T06:31:19Z |
| format | Article |
| id | doaj.art-13523634b313401fb37d50d2d9aa92b5 |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-04-11T06:31:19Z |
| publishDate | 2021-12-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-13523634b313401fb37d50d2d9aa92b52022-12-22T04:40:01ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152021-12-01142417718610.7172/1689-9024.YARS.2021.14.24.8Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19)Rafał R. Wasilewski0https://orcid.org/0000-0003-1004-8975affiliated with the Faculty of Law and Administration at University of Szczecin, attorney-at-law at Kancelaria Radcy Prawnego dr Rafał R. WasilewskiIn one of the court proceedings concerning a cassation appeal, brought against the decision of the President of the Office of Competition and Consumer Protection (UOKiK), the Polish Supreme Court expressed in its judgment of 29 July 2020 (I NSK 8/19) a view on the role of expert evidence in the definition of the relevant market, and more specifically, in the determination of product substitutability. By dismissing the corporate applicant’s cassation appeal, the Court stated that admission of expert evidence was not necessary, given that the substitutability of products is decided mainly by customer adoption and not their chemical composition. This article aims to present the arguments cited to this end by the Supreme Court and to analyze them through the prism of defining the relevant market and the specificity of expert evidence in determining the boundaries of the relevant market for the purposes of applying competition law.https://yars.wz.uw.edu.pl/images/yars2021_14_24/YARS_1424_10Wasilewski.pdfrelevant marketrelevant product marketsubstitutabilityexpert evidencecourt proceedings |
| spellingShingle | Rafał R. Wasilewski Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19) Yearbook of Antitrust and Regulatory Studies relevant market relevant product market substitutability expert evidence court proceedings |
| title | Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19) |
| title_full | Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19) |
| title_fullStr | Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19) |
| title_full_unstemmed | Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19) |
| title_short | Product Substitutability in Defining the Relevant Market and Expert Evidence: Comments on the Judgment of the Polish Supreme Court of 29 July 2020 (I NSK 8/19) |
| title_sort | product substitutability in defining the relevant market and expert evidence comments on the judgment of the polish supreme court of 29 july 2020 i nsk 8 19 |
| topic | relevant market relevant product market substitutability expert evidence court proceedings |
| url | https://yars.wz.uw.edu.pl/images/yars2021_14_24/YARS_1424_10Wasilewski.pdf |
| work_keys_str_mv | AT rafałrwasilewski productsubstitutabilityindefiningtherelevantmarketandexpertevidencecommentsonthejudgmentofthepolishsupremecourtof29july2020insk819 |