A few remarks on the act defined in Article 15(1)(4) of the Act on Combating Unfair Competition Cover Image

Kilka uwag o czynie stypizowanym w art. 15 ust. 1 pkt 4 ustawy o zwalczaniu nieuczciwej konkurencji
A few remarks on the act defined in Article 15(1)(4) of the Act on Combating Unfair Competition

Author(s): Katarzyna Stradomska
Subject(s): Civil Law, Law on Economics
Published by: Krajowa Izba Radców Prawnych
Keywords: fee other than trade margin for accepting goods for sale; limiting access to the market; act of unfair competition

Summary/Abstract: This article on the act of unfair competition defined in Article 15(1)(4) of the Act on Combating Unfair Competition takes on three separate issues of crucial importance to this subject matter, namely the prerequisites of the act of unfair competition, which consists in limiting access to the market for other entrepreneurs by means of a fee other than a trade margin chargeable on accepting goods for sale, the question of whether Article 15(1)(4) of that Act establishes a presumption of access to the market being limited, and the criteria to be applied by the courts in deciding whether we are dealing with a fee other than a trade margin.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 95-108
  • Page Count: 14
  • Language: Polish