Act on Counteracting Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products: Diversity or Uniformity of the Objectives of its Adoption? Cover Image

Ustawa o przeciwdziałaniu nieuczciwemu wykorzystywaniu przewagi kontraktowej: różnorodność czy jednolitość jej celów?
Act on Counteracting Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products: Diversity or Uniformity of the Objectives of its Adoption?

Author(s): Rafał Laskowski
Subject(s): Economy, Law, Constitution, Jurisprudence, Agriculture, Economic policy, Law on Economics, EU-Legislation, Transport / Logistics
Published by: Oficyna Wydawnicza KA AFM
Keywords: unfair misuse of competitive advantage; contractual advantage; food supply chain; cultivation contract; the uneven distribution of risk; the food supplier; SME; trade network;

Summary/Abstract: In the article follow-up considered the issue of the purpose of the Act of 15 December 2016 on prevention of the unfair misuse of competitive advantage in the trade in agricultural and food products has been described. Similarly to the first part of the article was taken attempts to answer the query concerning the cohesion of those purposes, complementarity and the conflict in their structural assumptions. In the article discusses other purposes of adopting the act, such as improving the functioning of the market and protecting its weaker participants against dishonest practices, as well as protection of good manners. The emergence of practical examples of the application of the Act in the form of jurisprudence of administrative authorities has allowed for subsequent assessment if the presented purposes are the ones which are implemented in the process of executing the law. In addition, the author has developed considerations related to the interpretation of the basic assumptions implemented in the Polish legislation in comparison with EU legislation. In the summary of the article conclusions and the final evaluation of the purposes of the legislature were presented.

  • Issue Year: 25/2019
  • Issue No: 2
  • Page Range: 123-137
  • Page Count: 16
  • Language: Polish