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Keywords

contractual advantage, agricultural and food products, fines, unfair use of contractual advantage, unfair practices, President of UOKiK, competition

Abstract

The article presents selected provisions contained in the Act of 15 December 2016 on counteracting the unfair use of superior bargaining power in the trade in agricultural and food products, which has been prepared by the Ministry of Agriculture and Rural Development. The Act provides for an administrative fine for the unfair use of superior bargaining power. A proceeding of this nature shall be initiated by the President of UOKiK ex officio, rather than by request of any party to such proceeding. However, any entrepreneur with a reasonable suspicion of being the subject to a practices involving the unfair use of superior bargaining power may submit a complaint to UOKiK. It is the intention of the author to present a brief description of what are believed to be the key provisions contained in the new Act and show some difficulties that entrepreneurs may face when evaluating their activities for compliance with the provisions of this Act.

First Page

126

Last Page

140

Page Count

14

DOI

10.7172/2299-5749.IKAR.1.6.10

Publisher

University of Warsaw

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