Keywords
unfair competition act, slotting allowances and fees, freedom of contract, burden of proof, limitation of access to the market, presumption, equivalency
Abstract
The issue of slotting allowances or slotting fees still causes many doubts and disputes. This article discusses the most important problems which appeared in light of a number of Polish judgments in this type of cases. Mentioned among them can be the boundaries of freedom of contract in the context of Article 15(1)(4) of the Unfair Competition Act 1993 on symptoms of limitations of access to the market and the character of this prerequisite in jurisprudence as well as a number of issues connected thereto such as burden of proof, equivalency of benefit provided by retail-chains to cooperating suppliers and the legal character of rebates and bonuses in relations between them. These issues are discussed in the context of the attitudes of the doctrine and business practice in this economic field. This rather wide treatment of each of these problems makes it possible to comment on the chosen judgments including their correctness. The Author did not avoid to present a critical voice in this debate wherever he believed that the direction taken in a given judgment demands rethinking and possible revision.
Recommended Citation
Wolski, D. (2013). Selected issues in light of judgments concerning slotting allowances and fees. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(1), 110-127. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss1/9
First Page
110
Last Page
127
Page Count
17
Publisher
University of Warsaw
