Faworyzowanie własnych produktów lub usług przez dominujące platformy internetowe zintegrowane pionowo jako dyskryminacyjne nadużycie pozycji dominującej
Favouring one’s own products or services by vertically integrated online platforms as a discriminatory abuse of a dominant position

Summary/Abstract: The practice of favouring one’s own vertically integrated services by a dominant online platform can be assessed as an independent practice of discrimination (prohibited under Article 102 paragraph 2 point c TFEU). This does not mean, however, that a dominant undertaking has an absolute obligation to treat products or services of its trading partners equally to its own offer. Such practices should be considered abusive if they create unfavourable conditions of competition and have significant anti-competitive effects. What is prohibited by a discriminatory practice does not refer to the fact of favouring one’s own services, but to a situation where rivals are placed at a competitive disadvantage, and thus significant parameters of competition, such as innovation and consumer choice, are weakened.

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