Jurisdiction(s):
United Kingdom

Key definition

Commission definition

What does Commission mean? In legal practice, a commission is a payment, usually percentage‑based, made to an agent, broker or introducer for securing business or facilitating a transaction. Under UK bribery law, the Bribery Act 2010 (England & Wales, Scotland and Northern Ireland) does not define commission, but criminalises offering, promising, giving, requesting or receiving a financial or other advantage to induce or reward improper performance. A commission may constitute such an advantage depending on intent, knowledge and context; not every commission is a bribe. Transparent, proportionate, contractual commissions for genuine services are generally lawful, whereas concealed or disproportionate payments, particularly to public...

Sped‑Pro v Commission: EU General Court requires rule‑of‑law assessment when allocating competition complaints; annuls rejection of Polish rail freight abuse case to national authority

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 9 February 2022; it is no longer maintained. See further, timeline and commentary

Case facts

Outline

An action for Annulment was brought before the General Court challenging the European Commission’s decision of 12 August 2019, which had refused a complaint filed by a Polish shipping Company against a State‑owned operator for abusing a Dominant position in Poland’s rail freight transport market (AT.40459).

Latest developments

On 2 February 2022, the General Court delivered its judgment and upheld the appeal. Among other findings, the Court held that [x].

Parties

Applicants: Sped-Pro S.A. (the ‘Applicant’)
Defendant: European Commission (the ‘Commission’)

Background

In conducting activities in the forwarding services sector, the Applicant sourced rail freight transport services from PKP Cargo S.A., a company controlled by the Polish State.

Complaint

On 4 November 2016, the Applicant lodged a complaint with the Commission against PKP Cargo. It claimed that PKP Cargo had abused its dominant position on the Polish market for rail freight transport services on the basis of its alleged...

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Web page updated on 28/05/2026

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