The possibility for the appearance of restrictive agreements on the Polish art market Cover Image

Możliwości wystąpień porozumień ograniczających konkurencję na rynku sztuki. Uwagi wstępne
The possibility for the appearance of restrictive agreements on the Polish art market

Author(s): Wojciech Szafrański, Alicja Jagielska-Burduk, Katarzyna Jóźwiak
Subject(s): Law, Constitution, Jurisprudence, Museology & Heritage Studies
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: auction house; price fixing; restrictive agreements; art market

Summary/Abstract: The uniqueness of the art market covers the specifics of the subject of sale and the mechanisms in operation for subjects taking part in the process of sale, as well as the tradition of a market based on the specific bond between the seller and the buyer. The experience of foreign markets with the participation of the most famous auction houses has confirmed that the art market is also susceptible to the appearance of agreements limiting competition (restrictive agreements) and ones causing monopolistic practices. In observing the development of the Polish art market it is forecast that together with a strengthening of those supplying the market with goods as intermediaries (auction houses) there could shortly appear restrictive agreements within this market. The article offers a comprehensive analysis of relevant provisions of EU law as well as Polish law (in particular that of the 16th of February 2007 on consumer protection). It equally shows the impact of the changing legal surroundings within both foreign and Polish markets in the concluding of restrictive agreements (non-uniformly defined by national legislators of cultural heritage, the dynamic changes in the regulations relating to the shipment of monuments as well as the potential of institutions res extra commercium)

  • Issue Year: 2/2016
  • Issue No: 1
  • Page Range: 17-40
  • Page Count: 24
  • Language: Polish