Defining the relevant market for expert medical services – judgement issued by the Polish Supreme Court
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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.