SPCG has led to a final and binding reversal, in full, by the Court of Appeal in Warsaw of a decision of the President of UOKIK accusing T-Mobile Polska S.A. among others of participation in an alleged agreement of four operators restricting competition.
By virtue of a decision dated 23 November 2011 the President of UOKIK stated that the four major mobile operators in Poland have concluded a prohibited agreement concerning the possibility to offer mobile TV services in a DVB-H technology. The authority has imposed pecuniary penalties on the operators, including T-Mobile Polska S.A. – the penalty in the amount exceeding PLN 34 m. In the judgment dated 19 June 2015, the Court of Competition and Consumer Protection has set aside the aforementioned decision of the President of UOKIK in full. On 15 March 2017, the Court of Appeal in Warsaw has dismissed an appeal
of the President of UOKIK from the judgment of the court of first instance setting aside the decision.
SPCG Partner prof. Sławomir Dudzik and Senior Associate Jacek Budzik represented the operator T-Mobile Polska S.A. in the proceedings.