Keywords
slotting allowances, slotting fees, price, rebates, discounts, premiums, bonuses, remuneration for services provided by retail chains, fixed payments, percentage payments
Abstract
Ban on slotting fees, stemming from art. 15 par. 1 pt. 4 of Act on combating unfair competition, has been too loosely interpreted by the Polish courts. In particular, wrongly qualified as slotting fees are payments which are primarily price-setting measures and which are generally neither unfair nor harmful. The category of price-setting payments includes payments defined as a fraction of a value of a turnover and payments due after specified level of sales is reached. The prerequisites of art. 15 par. 1 pt. 4 of Act on combating unfair competition may be met by fixed payments, but even those often do not create unfair barriers to entry, but improve economic efficiency and consumer welfare
Recommended Citation
Marek, M. (2014). Slotting fees versus price-setting mechanisms. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(9), 47-61. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss9/3
First Page
47
Last Page
61
Page Count
14
Publisher
University of Warsaw