Differentiation between entrepreneurs (on the basis of the public task criterion) and its legal consequences. Case comment to the judgment of the Court of Appeals in Warsaw of 21 April 2011 President of Office of Competition and Consumer Protection v Polish Football Association and Canal+ Sp. z.o.o. (Ref. no. VI ACa 996/10)

Abstract

The discussed judgment was rendered in relation to the dispute between the President of the Polish Competition Authority (hereafter, UOKiK President) on the one hand and the Polish Football Association and the broadcaster Canal+ on the other hand. These two undertakings were party to an agreement on exercising media rights to football games of the two highest classes of the Polish league. The core of the dispute consisted of the possibility of deeming the pre-emption right reserved for Canal+ as a contractual provision restricting competition. The Courts involved were also forced to answer the question whether performing tasks of a public service character justified a decrease in the fine imposed by the competition authority