According to the Appeal Court, Telekomunikacja Polska (TPSA) has violated the law by limiting the access to the Polish market to providers of audio-text services from Netherlands Antilles. The Court upheld the decision of the President of UOKiK of 2000 which imposed PLN 1 million penalty on TPSA.

In the year 2000, the President of the Office of Competition and Consumer Protection issued a decision closing the antimonopoly proceeding against Telekomunikacja Polska. It was carried out at the request of two companies from Netherlands Antilles - Antillephone and Antelecom. They accused TPSA of the abuse of a dominant position which hindered their activities on the Polish market of audio-text services (i.e. provision of information, horoscopes, games and draws results, party line etc. by the phone).

According to UOKiK’s findings, in 1995 TPSA blocked the possibility of automatic connection with the foreign audio-text operators. The consumers who wanted to use their services had to dial the number through the telephonist. Consequently, the subscribers met inconveniences and additional costs. Connections made by the telephonist are more expensive than the automatic ones. It must be emphasized that the consumers still could dial directly the numbers of national audio-text operators (starting inter alia with 0-700).

According to the Office, the actions of Telekomunikacja Polska did not aim at protecting the subscribers, which was at that time declared by the monopolist, but eliminating foreign audio-text service providers. They were competitive for the national operators with whom TPSA signed the agreements providing for a significant share in their benefits for TPSA. In the case of connections with foreign audio-text services providers, Telekomunikacja Polska received only regular rates of pay for international connections.

The President of the Office found the above-mentioned actions of TPSA as competition restricting practises which resulted in elimination of the foreign providers from the national market of audio-text services and the consumers deprived of free choice. According to UOKiK, the subscriber should decide individually which services to use. It is sufficient for the protection of the consumer interest to apply solutions commonly used in the world (blockade of connections with selected numbers, billings, warning system when the set amount for connections is exceeded, etc.). Protection of subscribers does not require a total blockade of automatic connections with international audio-text numbers. Therefore, a penalty of PLN 1 million was imposed on Telekomunikacja Polska.

The Court for Competition and Consumer Protection dismissed the appeals of TPSA two times (the second time after the return of the case to subsequent examination by the Supreme Court). The company appealed against the decision of the Court for Competition and Consumer Protection of 2005 to the Appeal Court, which upheld the decision of the President of the Office.

Additional information:
Elżbieta Anders, Spokesperson of UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 314
faks (+48 22) 826 11 86
E-mail eanders@uokik.gov.pl