The legal status of foreign undertakings – could undertakings with a registered seat abroad be regarded as undertakings entitled to file a request for the institution of antimonopoly proceedings under Polish antitrust law? Case comments to the judgment of the Supreme Court of 10 May 2007 – Netherlands Antilles (Ref. No. III SK 24/06)

By the judgment of 10 May 2007 (III SK 24/06), the Polish Supreme Court ended an over decade-long debate concerning the anticompetitive practices of the Polish incumbent telecoms operator Telekomunikacja Polska S.A. on the national market for audio-text services. In this judgment, the Supreme Court interpreted the provisions of the Act of 24 February 1990 on Counteracting Monopolistic Practices. However, in its assessment of the general principles of the case, the Court also made reference to the Act of 15 December 2000 on Competition and Consumer Protection (Competition Act 2000), which repla... Mehr ...