2015-09-04 16:38
[Photo: Narong SANGNAK]
Office of Competition and Consumer Protection (OCCP ) lodges an appeal against the judgment on the agreement’s four largest mobile operators. The decision was overturned in June the Court of Competition and Consumer Protection. The agreement concerned the competition UKE on the reservation of frequencies, among others, enabling TV reception on the phone in digital technology.
“An appeal against the judgment delivered by the Court of Competition and Consumer Protection of June 2015. it annulled the decision of the Office of November 2011. declaring an unlawful agreement between the four main mobile operators – Polkomtel, Polish Telefonia Cyfrowa (now T-Mobile ), PTK Centertel (now Orange) and P4. The case concerned the Office of Electronic Communications Contest for the reservation of frequencies to enable inter alia, TV reception in mobile phone technology (DVB-H) “- reads the release.
The Office recalled that competed in the tender two entities – a company of Info-TV-FM and the consortium Mobile TV, tied specifically To this end, the four mobile operators, including the consent of the OCCP the concentration. Booking frequency received Info-TV-FM. Provision of services to individual customers on a large scale to signing contracts with mobile operators.
” In the opinion of the Authority, the participants of the consortium Mobile TV after losing the tender have entered into an illegal agreement and determined behavior towards winning companies exchanged sensitive information and agreed on how the public questioning the wholesale offer of Info-TV-FM. In June 2015 the Court of Competition and Consumer Protection repealed the decision. CCCP stated that the operators’ activities were lawful. He indicated inter alia that the agreement had no anti-competitive effect, and the Authority, spending already allowed the creation of a consortium, could not examine the legality of its actions “- reads.
After reviewing the written reasons for judgment, the Authority has decided for an appeal in this case.
In the opinion of the OCCP, including the court did not take into account that regardless of the effect of the agreement it had an anti-competitive purpose, which is inconsistent with both the Polish Act on competition and consumer protection and the Treaty on the Functioning of the European Union. According to the Office, the court also too broadly interpreted the agreement to create a consortium. The consent of the President of the OCCP the concentration does not include permission for use by entrepreneurs restrictive practices, regardless of whether they are related to the activity of established entity , also gave the Authority.
After an appeal the matter will be dealt Court of Appeals in Warsaw.
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