Keywords
combatting unfair competition, contractual advantage, German competition authority (Bundeskartellamt)
Abstract
The adoption of the new Law on Combating Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products constitutes a good opportunity to compare legal provisions applicable in different states of the European Union in this regard. German solutions are particularly interesting. This is a result of, amongst others, assumptions and solutions introduced in Germany, which are analogous to those on which the Polish provisions are based. This paper summarizes the history of German regulation, theories of harm related to its introduction, its practical application and a recent pilot decision of the German competition authority seeking to spread its application. This paper describes also the newest surprising judgement of the German competition court in the above-mentioned pilot case.
Recommended Citation
Łyszczarz, W. (2017). Combating unfair use of superior bargaining power in the food retail sector in Germany. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 6(1), 141-157. https://doi.org/10.7172/2299-5749.IKAR.1.6.11
First Page
141
Last Page
157
Page Count
16
DOI
10.7172/2299-5749.IKAR.1.6.11
Publisher
University of Warsaw
