Keywords
rebates, combating unfair competition, slotting fees, commercial margin, premium, bonus, equivalency of benefits
Abstract
The article weighs arguments essential for the answer to the juridical question, which the Supreme Court of Poland has been asked, whether rebate is a “charge other than commercial margin” from Article 15 par. 1 p. 4 of the Act on Combating Unfair Competition. Authors agree with the Supreme Court that the rebate is not a charge other than commercial margin, although they express doubts concerning statement that not every turnover-related-premium is a rebate. Furthermore, authors analyse judicature’s assessment of the practice of including various premiums/ bonuses/discounts in contracts and conditions which have to be fulfi lled to assess them as rebates.
Recommended Citation
Affre, J., & Skołubowicz, P. (2015). ‘Turnover-related-premium’, ‘rebate’ and ‘a charge other than commercial margin’. The principle expressed in resolution of Supreme Court of Poland of 18.11.2015 (III CZP 73/15) and its practical application. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 4(8), 41-52. Retrieved from https://press.wz.uw.edu.pl/ikar/vol4/iss8/3
First Page
41
Last Page
52
Page Count
11
Publisher
University of Warsaw
