O ramach analitycznych przy badaniu naruszeń „ze względu na cel”.
On the analytical framework of ‘by object’ infringements.

A comment on the 30 August 2018 ruling of the Court of Appeals in Warsaw, case VII AGa 1114/18 (Ski Team)

Summary/Abstract: The article constitutes a critical comment on a ruling delivered by the Court of Appeals in Warsaw. In the ruling, the court disagreed with the position presented by the Polish Competition Authority according to which setting resale prices (RPM) in the case investigated by the Polish NCA amounted to an infringement ‘by object’ under Polish law. In its judgement, the Court of Appeals referred to EU case law and attempted to re-create the analytical framework used by EU courts to establish ‘by object’ infringements. The analysis conducted by the Court of Appeals may, however, raise doubts in the context of its actual conformity with EU law

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