EWOLUCJA W OZNACZANIU RYNKÓW RELEWANTNYCH W SPRAWACH TELEKOMUNIKACYJNYCH W ORZECZNICTWIE PREZESA URZĘDU OCHRONY KONKURENCJI I KONSUMENTÓW
EVOLUTION IN THE DETERMINATION OF RELEVANT MARKETS IN TELECOMMUNICATIONS CASES IN THE JURISPRUDENCE OF THE PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION

Summary/Abstract: The concept of the relevant market is a key concept of competition law. Without the correct determination of the relevant market for each individual case, it is not possible to properly and eff ectively enforce competition law by the legal authority appointed for this purpose, which in Poland is the President of the Offi ce for Competition and Consumer Protection (UOKiK). The markets within the telecommunications business are subject to rapid change because of development new technologies. These changes should be followed by interventions of antimonopoly authorities not only at the national level but also by the European Commission at the EU level. In Poland, observing the jurisprudence of the President of UOKiK relating to the telecommunications industry, we can notice a conservative evolution of the approach to defi ning the relevant markets within telecommunications. The assessment of such approach is not unambiguous. On the one hand, the protection of the weakest market participants (consumers, subscribers) should be taken into account, and on the other, the arguments of entrepreneurs who often point out that the authority’s approach is too conservative or even archaic in relation to the achieved development of telecommunications technology should be taken into account too. The subject of research in this publication is the analysis of the antitrust authority’s jurisprudence regarding telecommunications markets in the context of the concept of the relevant market as defi ned by the Competition and Consumer Protection Act. The aim of the publication is to clarify, taking into account the jurisprudence, the approach of the President of the Offi ce of Competition and Consumer Protection to defi ning relevant markets in the telecommunications industry. The adopted research method is based on the analysis of existing regulations and jurisprudence. The conclusions of the analysis indicate that the antitrust authority takes an evolutionary, rather than a revolutionary, approach to defi ning the relevant markets in the telecommunications industry, which is generally considered to be appropriate.

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