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SPCG Successful for T-Mobile in Unfair Competition Dispute in Poland's Supreme Court

SPCG Successful for T-Mobile in Unfair Competition Dispute in Poland's Supreme Court

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SPCG has persuaded Poland's Supreme Court to dismiss a cassation complaint from the President of UOKiK (Poland's competition authority) regarding the alleged anti-competitive agreement of telecommunications providers.

According to SPCG, "by dismissing the cassation complaint of the President of UOKiK on October 31, 2019, the Supreme Court confirmed that the UOKiK decision issued in 2011 accusing, inter alia, T-Mobile Polska SA of participating in an alleged anti-competitive agreement of four telecommunications operators, and imposing a fine on TMPL, was erroneous and completely unjustified."

SPCG reports that UOKiK accused "four major telecommunications operators in Poland ... [of agreeing to] reject the offer of Info-TV-FM Sp. z o. o. (ITF) for broadcast on their mobile TV networks in DVB-H technology. In 2009, a tender for frequency reservation was carried out, which was to enable the reception of television signals in mobile phones using the said technology. In this tender, won by ITF, the company competed with a consortium of four operators."

According to SPCG, "the decision of the President of UOKiK, which is unfavorable for operators, has been appealed, among others by TMPL, as a result of which it was revoked by the judgment of the Court of Competition and Consumer Protection (SOKiK) of 19.06.2015. The SOKiK judgment was upheld by the judgment of the Court of Appeal in Warsaw of March 15, 2017, from which the President of UOKiK filed a cassation appeal. It was this complaint that was dismissed by the Supreme Court on October 31, 2019."

The SPCG team representing T-Mobile SA was guided by Partner Slawomir Dudzik, supported by Senior Associate Jacek Budzik.

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