100 days of the Act on superior bargaining power Cover Image

100 dni obowiązywania ustawy o przewadze kontraktowej
100 days of the Act on superior bargaining power

Author(s): Piotr Adamczewski
Subject(s): Business Economy / Management, Law on Economics
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: superior bargaining power; public interest

Summary/Abstract: The article discusses 100 days of the Act of 15th December 2016 on combating the unfair use of superior bargaining power in the trade in agricultural and food products. The Author describes cases that the President of the Office of Competition and Consumer Protection (referred as the President of UOKIK) is currently dealing with, along with other instruments used as a tool in combating unfair practices. The next issue tackled is the cooperation of the President of UOKiK with other relevant bodies in the context of handled cases and a possible legislation process. Afterwards the Author analyses the popularization of the Act among the public and the obstacles encountered in its application. The Author stresses that, at this moment, it seems to be crucial to find an accurate meaning of the term ‘public interest’ used in the context of the Act and a flexible approach to the scope of practices described as unfair (keeping in mind economic analyses). As a result, the Author states that despite the very short time the Act has been in force, numerous actions have already been taken. Still, the Act contains ambiguous terms that should be elaborated by the judiciary and the doctrine

  • Issue Year: 6/2017
  • Issue No: 8
  • Page Range: 9-16
  • Page Count: 8
  • Language: Polish