•  
  •  
 

Keywords

superior bargaining power, unfair use of superior bargaining power, trade in agricultural and food products, agricultural and food sector, public enforcement, private enforcement, enforcement authority, national competition authority, unfair trading practices, UTPs, business-to-business relationships, food supply chain, B2b food supply chain, small and medium-sized entrepreneurs, small and medium-sized enterprises, SMEs, suppliers, producers, producer organisations, associations of producer organisations, non-SMEs, buyers, ‘one-sided’ protection

Abstract

The Polish Act on Counteracting the Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products was adopted on 15 December 2016 and entered into force on 12 July 2017. The new legal framework resembles, in some places, the legal rules contained in the 2007 Act on Competition and Consumer Protection, elsewhere resembles the 1993 Act on Combating Unfair Competition. Therefore, the article reviews the new Polish provisions taking into account the previous system including the prohibition of the abuse of a dominant position and the prohibition of unfair competition. This publication is intended to point out the peculiarities that characterize the new provisions. Readers will find here an assessment of recent Polish developments and suggestions for further development of the Polish legal framework in the EU context. In particular, the review critically analyses some solutions of the 2018 EU draft Directive on unfair trading practices in business-to-business relationships in the food supply chain and shows what amendments to the Polish legal framework will be needed, if the Directive is adopted in the current version.

First Page

143

Last Page

167

Page Count

24

DOI

10.7172/1689-9024.YARS.2018.11.17.8

Publisher

University of Warsaw

Publication Date

2018-08-30

Download

Share

COinS