2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland
This third overview of EU competition and sector-specific regulatory jurisprudential and case law developments with a nexus to Poland covers the years 2010 and 2011. This period of time is worth noting for several reasons. First, EU courts delivered a significant number of judgments in ‘Polish’ case...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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University of Warsaw
2012-11-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2012_5_7/157.pdf |
| _version_ | 1819046745189908480 |
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| author | Krzysztof Kuik Anna Mościbroda |
| author_facet | Krzysztof Kuik Anna Mościbroda |
| author_sort | Krzysztof Kuik |
| collection | DOAJ |
| description | This third overview of EU competition and sector-specific regulatory jurisprudential and case law developments with a nexus to Poland covers the years 2010 and 2011. This period of time is worth noting for several reasons. First, EU courts delivered a significant number of judgments in ‘Polish’ cases including an increased number of preliminary rulings. Second, 2010-2011 developments were dominated by judgments and decisions concerning telecoms. Finally, the Commission adopted only a handful of Polish State aid decisions following a formal investigation procedure under Article 108(2) TFEU. The main developments in telecoms relate to the Court of Justice’s preliminary reference judgment in Tele 2 Polska focusing on the interpretation of Regulation 1/2003 and the PTC v UKE ruling that dealt with number portability charges. Relevant is also the antitrust prohibition decision issued by the Commission against Telekomunikacja Polska S.A. for its refusal to grant access to its wholesale broadband services. In other fields, the Court of Justice delivered three State aid judgments (including two appeals against pre-2010 judgments of the General Court) and two judgments in infringement proceedings (regarding pre EU Accession marketing authorisations for medicines and the reutilisation of data from the public sector). The General Court ruled on appeal in the butadiene rubber cartel case (e.g. in Trade-Stomil v Commission). Finally, the Commission dealt with a merger case with a truly Polish specificity (Kraft Foods/ Cadbury), approved subject to divestiture of the E. Wedel brand. |
| first_indexed | 2024-12-21T10:49:21Z |
| format | Article |
| id | doaj.art-7dc334d54e99403a9344ea7760b546c1 |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-12-21T10:49:21Z |
| publishDate | 2012-11-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-7dc334d54e99403a9344ea7760b546c12022-12-21T19:06:42ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152012-11-01571571902010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to PolandKrzysztof KuikAnna MościbrodaThis third overview of EU competition and sector-specific regulatory jurisprudential and case law developments with a nexus to Poland covers the years 2010 and 2011. This period of time is worth noting for several reasons. First, EU courts delivered a significant number of judgments in ‘Polish’ cases including an increased number of preliminary rulings. Second, 2010-2011 developments were dominated by judgments and decisions concerning telecoms. Finally, the Commission adopted only a handful of Polish State aid decisions following a formal investigation procedure under Article 108(2) TFEU. The main developments in telecoms relate to the Court of Justice’s preliminary reference judgment in Tele 2 Polska focusing on the interpretation of Regulation 1/2003 and the PTC v UKE ruling that dealt with number portability charges. Relevant is also the antitrust prohibition decision issued by the Commission against Telekomunikacja Polska S.A. for its refusal to grant access to its wholesale broadband services. In other fields, the Court of Justice delivered three State aid judgments (including two appeals against pre-2010 judgments of the General Court) and two judgments in infringement proceedings (regarding pre EU Accession marketing authorisations for medicines and the reutilisation of data from the public sector). The General Court ruled on appeal in the butadiene rubber cartel case (e.g. in Trade-Stomil v Commission). Finally, the Commission dealt with a merger case with a truly Polish specificity (Kraft Foods/ Cadbury), approved subject to divestiture of the E. Wedel brand.https://yars.wz.uw.edu.pl/images/yars2012_5_7/157.pdftelecommunicationpharmaceuticalsantitrustcartelcompetition lawcommission decisionstate aidmerger controlcase lawregulatory casesinfringementpreliminary rulingelectronic communications frameworkbroadbandalternative operatorspowers of ncaregulation 1/2003modernisationprocedural autonomynumber portabilityconditional approvalgeneral prohibition of combined salespublication requirementsact of accessioninternet tariffsuniversal service directiveframework directiveretail broadband tariffsgeneric productsmarketing authorisations |
| spellingShingle | Krzysztof Kuik Anna Mościbroda 2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland Yearbook of Antitrust and Regulatory Studies telecommunication pharmaceuticals antitrust cartel competition law commission decision state aid merger control case law regulatory cases infringement preliminary ruling electronic communications framework broadband alternative operators powers of nca regulation 1/2003 modernisation procedural autonomy number portability conditional approval general prohibition of combined sales publication requirements act of accession internet tariffs universal service directive framework directive retail broadband tariffs generic products marketing authorisations |
| title | 2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland |
| title_full | 2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland |
| title_fullStr | 2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland |
| title_full_unstemmed | 2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland |
| title_short | 2010 and 2011 EU Competition Law and Sector-specific Regulatory Jurisprudence and Case Law Developments with a Nexus to Poland |
| title_sort | 2010 and 2011 eu competition law and sector specific regulatory jurisprudence and case law developments with a nexus to poland |
| topic | telecommunication pharmaceuticals antitrust cartel competition law commission decision state aid merger control case law regulatory cases infringement preliminary ruling electronic communications framework broadband alternative operators powers of nca regulation 1/2003 modernisation procedural autonomy number portability conditional approval general prohibition of combined sales publication requirements act of accession internet tariffs universal service directive framework directive retail broadband tariffs generic products marketing authorisations |
| url | https://yars.wz.uw.edu.pl/images/yars2012_5_7/157.pdf |
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