Keywords
unfair competition act, slotting allowances and fees, freedom of contract, burden of proof, limitation of market access, presumption, equivalency
Abstract
Slotting allowances or slotting fees still generate many doubts and disputes. On the basis on existing jurisprudence, discussed here are the most important problems which appeared in Poland in this field. Mentioned among them are: limits of the freedom of contract in the context of Article 15(1)(4) of the Combating Unfair Competition Act; symptoms of market access limitation and the character of this prerequisite in jurisprudence; burden of proof; equivalency of benefits provided by retail chains to cooperating entrepreneurs; legal character of rebates and bonuses applied in relations between suppliers and retail chains. These issues are discussed in light of doctrinal views and business practice. This rather wide treatment of each of these problems makes it possible to comment on the noted judgments and the correctness of their final verdict.
Recommended Citation
Wolski, D. (2013). Wybrane zagadnienia na tle orzeczeń dotyczących opłat za przyjęcie towaru do sprzedaży. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(2), 26-43. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss2/4
First Page
26
Last Page
43
Page Count
17
Publisher
University of Warsaw
