Wierzbowski Eversheds wins 50 per cent reduction on appeal of regulator’s fine

Wierzbowski Eversheds has achieved a 50 per cent reduction on the appeal of a fine imposed on PTK Centertel (at present Orange Polska) by Poland’s competition regulator.

In a judgment announced on 16 April 2014, the Warsaw Court of Appeal amended the decision by Poland’s competition regulator, the president of the Office of Competition and Consumer Protection, cutting in half the fine imposed on mobile operator PTK Centertel for infringement of the collective interests of consumers in connection with its ad slogan ‘PLN0.25 per minute to everyone’.

In an earlier appeal by the company, the Court of Competition and Consumer Protection upheld in its entirety the decision by the regulator imposing a fine of PLN4.8m (£950,000).

In the further appeal, after hearing the parties, the Warsaw Court of Appeal fully upheld the reasoning presented by the firm’s lawyers, alleging that the amount of the fine was excessive. The court amended the decision by the regulator accordingly by reducing the fine.

In the proceeding before the Court of Appeal, the operator was represented by Paulina Józefczuk, head of the firm’s competition law team.