Orange Polska v Commission: Abuse of Dominance, Fines & Effects

Floris ten Have; Stijn de Jong discuss Orange Polska v Commission: Abuse of Dominance, Fines & Effects.

ABSTRACT: The European Court of Justice issues a fact-specific judgment and does not rule on whether the Commission should take into account actual or likely effects when determining the gravity of an infringement in an abuse of dominance case On 25 July 2018, the Court of Justice of the European Union (CoJ) rendered its judgment in Case C-123/16 Orange Polska. The Commission welcomed the judgment, stating that ‘the Court confirmed that when the Commission determines a fine for an antitrust violation, it does not need to take into account anticompetitive effects, actual or likely, when calculating the amount of the fine.’ (Competition weekly e-news update, 27 July 2018).