Defining the relevant market for expert medical services – judgement issued by the Polish Supreme Court
Correct identification of the relevant market for particular goods or services is often the deciding factor for effective application of competition law provisions, both on a domestic and European scale. The Polish Supreme Court has confirmed this in a recently issued judgement (case no. V CSK 662/15).
In a dispute between undertakings on the market for medical laboratory services, which are services regulated under the Polish Act of 27 August 2004 on Health Care Services Financed from Public Funds – one of the parties alleged that a particular agreement governed by civil law was invalid, citing among other provisions art. 9 section 3 of the Polish Act of 16 February 2007 on Competition and Consumer Protection (text: ISAP) as under this provision legal transactions violating the ban on abuse of a dominant position shall be deemed void in whole or in part.