More economic approach to exclusivity agreements: how does it work in practice?Case comment to the judgment of the Court of Appeals in Warsaw of 25 February 2010 –Lesaffre Polska(Ref. No. VI ACa 61/09)

Abstract

No other topic draws as much attention in competition law as the need for an economic approach and yet, it is still a ‘deficit’ approach. Authorities enforcing competition protection rules are still very attached to the formalistic approach and this is an affliction not only of the Polish but also of the EU authorities and courts.The judgments delivered in 2010 by the Polish first and second instance courts responsible for competition matters in the Lesaffre case3 appears here as an exception

Keywords