Which authority is competent to decide when a power company is abusing monopolistic power: the President of the UOKiK or the President of the URE? Case comment to the judgement of the Supreme Court of April 2, 2009 – ENION S.A. (Ref. No III SK 36/08).

Michał Mijal

By the decision of July 10, 2006 (No. RKT-42/2006), the President of the Polish Office for Competition and Consumer Protection (hereafter, UOKiK) found that the practice of the Częstochowa Power Company, a branch of ENION SA based in Kraków (hereinafter ENION SA), was restricting competition by abusing its dominant market position in the transmission and distribution of electricity by making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. The UOKiK President imposed a fine on ENION SA of 100 000 zł.