Odmowa kontraktowania jako przejaw nadużycia pozycji dominującej
Refusal to Deal as an Abuse of Dominant Position

Summary/Abstract: As a rule companies are free to decide where and when they will sell their products and with which companies or clients they are prepared to contract. Such freedom is not unlimited and a dominant company which refuses to deal may be accused of abusing its dominant position. The aim of the article is to analyse the most common forms of refusals to deal, with regard to the law on competition. The article will focus on practices which lead to the elimination of competition, discrimination against consumers and business partners and creating barriers of entry to the market. Examining such practices will answer the question as to which practices constitute a refusal to deal and abuse a dominant position. The last part of the article will focus on the issue of unbiased justification of refusal to deal. It will examine those conditions where the dominant undertaking can refuse to deal with its competitors or clients because of unbiased reasons.

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