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Paragraph  By definition, this provision applies only to cases in which an entity with special market power the dominant entity abuses this position and therefore uses it in a reprehensible way , which leads to distortion of competition on the market. Such behavior is clearly classified as contrary to the objectives of the Act it can be assumed that such a practice is anti-competitive by its nature . A. Stawicki in: Competition and Consumer Protection Act. Commentary, ed. II ed E Stawicki, W In order to be able.

To accuse an entity of violating the provision regarding the prohibition of abuse of a dominant position, the following conditions must be proven: the entity must be an entrepreneur; the entity must have a phone number list dominant position on the relevant market; the entity has abused its dominant position. The Act does not define the concept of abuse of a dominant position. It contains only an exemplary catalog of behaviors that may be classified as the practice of abusing a dominant market position Article.



It is therefore left to the President of the Office of Competition and Consumer Protection to decide each time whether, in a given market situation, the behavior of a market dominant is or is not an anti-competitive practice - one of those defined directly in the Act or an unnamed practice Article . C. Banasiński, E. Piontek in: C. Banasiński, E. Piontek, Act on competition and consumer protection. Comment, Warsaw , art. . Abuse of a dominant position is an of fault, motives or its effect, if its occurrence is possible. Such classification includes activities that are, in principle, legal and are deprived of the features of compliance with the law as a result of their performance by the dominant entrepreneur in violation of the provisions of the Act cf.