Keywords
act of unfair competition, slot allowances, retroactive rebate, financial bonus, rebates, foreclosure of market access
Abstract
The article discusses the jurisprudential qualification of rebates applied by commercial networks in connection with future turnover (retroactive turnover rebates) as so called ‘slot allowances’. Article 15(1)(4) of the Combating Unfair Competition Act is a provision which requires the interpretation of various economical concepts – a task frequently neglected in court proceedings. The above legal provision performs, without any statutory background, the function of a price regulator when applied to retroactive rebates, in the exclusive interest of small suppliers. This predominant court interpretation (visibly of a ‘social” nature) may create an obstacle for the development of typical market-economy mechanisms of price setting. In the long run, this situation will adversely affect the benefits of purchasers, including consumers, which should be protected pursuant to Article 1 of the Combating Unfair Competition Act. As a result, there is at least a strong need for a rationalization of the interpretation of Article 15(1)(4) of the Combating Unfair Competition Act, if not for an actual legislative initiative to amend this provision.
Recommended Citation
Sroczyński, J. (2013). Retroactive rebates and ‘slot allowances’: the need for a rational approach. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(2), 89-100. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss2/10
First Page
89
Last Page
100
Page Count
11
Publisher
University of Warsaw
