The EU 2018 Draft Directive on UTPs in B2b Food Supply Chains and the Polish 2016 Act on Combating the Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2018, Vol 11, Issue 17
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.
Authors and Affiliations
Anna Piszcz
Keywords
Related Articles
- EP ID EP521259
- DOI 10.7172/1689-9024.YARS.2018.11.17.8
- Views 79
- Downloads 0
Institutional Challenges for Private Enforcement of Competition Law in Central and Eastern European Member States of the EU
The paper will focus on requirements and thresholds set for the judiciary by the Damages Directive. Answered will also be questions on the specialization of courts and its application in Central and Eastern European (CEE...
Can an Ideal Court Model in Private Antitrust Enforcement Be Established?
Any discussion of private antitrust enforcement usually focuses on substantive law and proceedings applicable to private antitrust cases. Those elements are important, however, the efficacy of both public and private enf...
Empowering the ‘Unempowerable’. Behavioural Insights into Informing Consumers about Internet Access Services in the European Union under Regulation 2015/2120
The European consumer policy relies on the ideal of consumer empowerment, which involves providing all consumers with detailed information on the goods on offer. This policy also applies to the electronic communications...
The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System
In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, wh...
What’s New in Western Balkans?.
Western Balkan jurisdictions (Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)) are often outside the focus of the competition community in the EU. This paper aims to rectify that, by providing an over...