The Telekomunikacja Polska Decision: Modifications in the Analytical Framework of Refusal to Deal, Anna Pisarkiewicz
In one of its most recent decisions, Telekomunikacja Polska, the Commission once again finds a national telecommunications incumbent to be guilty of violating Art 102 TFEU. In its first non-price abuse of dominance case in the electronic communications sector concerning refusal to deal and following its earlier decision in Telefónica, the Commission continues with its departure from the established standards for intervention. By differentiating between traditional and constructive refusal to deal, the Commission finds the Bronner criteria to be inapplicable.
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