Kiedy wysoka cena stosowana przez przedsiębiorcę dominującego jest niesłuszna? Analiza w świetle wyroku TSUE wydanego w trybie prejudycjalnym w sprawie AKAA/LAA z 14 września 2017 r.
When an excessive price is unfair – analysis in the light of the CJEU preliminary ruling in AKAA/LAA case dated 14 September 2017

Summary/Abstract: This article critically assesses the CJEU preliminary ruling concerning the abuse of a dominant position by a copyright collecting society consisting of charging excessively high rates for licences for the public performance of musical works. The Latvian Supreme Court sent judicial questions to the CJEU concerning mostly the methods of determining the excessiveness of the prices, the difference between actually applied price and the benchmark price, indicating the existence of an abuse, and the chances for a dominant undertaking to offer an objective justification. The CJEU reaffirmed the appropriateness of applying other than price-cost methods, including comparison methods. The CJEU indicated that the comparison of prices should be in accordance with objective, appropriate and verifiable criteria. As regards the difference between prices, the CJEU explained that it should be significant and persistent. In the opinion of the author, the CJEU ruling lacks practical guidance on the assessment of excessive prices. At the same time, the CJEU leaves national courts and competition authorities some room to manoeuvre in their assessment. The opinion by AG Wahl is more informative and indicative in this regard. As a consequence, his attempt to present in a comprehensive manner all relevant criteria for the assessment of the excessiveness of prices should be assessed positively.

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