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
Insights from the Slovak Hybrid Mail Services Case. Case Comment to the Judgement of the General Court of 25 March 2015 and Order of Court of Justice of the EU of 30 June 2016 Slovenská pošta v Commission (Cases T-556/08, C-293/15P) .
The Slovak hybrid mail services case (or Slovenska posta case) is truly unique in EU jurisprudence. Within the last decade, the European Commission rarely applied Article 106(1) in conjunction with Article 102 TFEU to ch...
5th Polish-Portuguese PhD Students’ Conference on Competition Law. Białystok (Poland), 14 October 2016 (conference report)
The 5th Polish-Portuguese PhD Students’ Conference took place on 14 October 2016 in Białystok, Poland. The conference focused on private enforcement of competition law and combating unfair co...
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...
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...
Evaluation of Pre-accession State Aid in the Energy Sector. Case Comment to the Judgment of the Court of Justice of 1October 2015 Electrabel SA, Dunamenti Erőmű Zrt. v European Commission (Case C-357/14 P)
The European Commission decided in 2008 that Hungary provided State aid through a set of Power Purchase Agreements. Electrabel SA (hereinafter, Electrabel) and Dunamenti Erőmű Zrt. (hereinafter, Dunamenti...