Glosa do wyroku Sądu Ochrony Konkurencji i Konsumentów z 12 maja 2022 r. w sprawie XVII AmA 61/21

Abstract

This case comment contains an analysis of the judgment of the Competition Court in Warsaw (SOKiK) of 12 May 2022 (XVII AmA 61/21). This ruling was issued as a result of an appeal filed by Agora against the decision of the Polish NCA, the President of UOKiK (DKK-1/2021) that had prohibited a concentration whereby Agora intended to acquire control over Eurozet. The judgment is interesting in particular because of its in-depth analysis of the prerequisites for the existence of a collective dominant position, the issue of coordinated effects, and the burden of proof in competition law cases. This case comment largely approves of SOKiK’s reasoning in the said case and values the clarity and comprehensiveness of the reasoning where the Court did not shy away from making a complex analysis of an economic and market nature.