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Poland: UOKiK conducts first ever market test in antimonopoly proceedings

Poland
03/07/2013
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UOKiK is to seek the views of market participants before issuing an decision in its proceedings against PGNiG.

This is the first time UOKiK has used market-testing consultations in proceedings for abuse of a dominant market position. The procedure can be used when the subject of the proceedings (in this case, PGNiG, the gas company controlled by the Polish Treasury) requests for a commitment decision.

UOKiK brought proceedings against PGNiG in April 2013 to establish whether it had abused its dominant position by restricting in the agreements the rights of its gas customers to limit the amount of gas they ordered in subsequent years or to re-sell any gas they purchased from PGNiG.

During the proceedings, PGNiG applied for a commitment decision and simultaneously proposed various measures to restore competition in the market. UOKiK has now published the commitments offered by PGNiG and invited comments from interested parties to be submitted by 26th July.

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