INTERESTS PROTECTED UNDER THE POLISH LAW ON COMBATING UNFAIR COMPETITION
INTERESTS PROTECTED UNDER THE POLISH LAW ON COMBATING UNFAIR COMPETITION
Author(s): Jakub KępińskiSubject(s): Business Economy / Management, History of Law, Interwar Period (1920 - 1939), Transformation Period (1990 - 2010), Financial Markets, Commercial Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: unfair competition; unfair commercial practices; combating of unfair competition; consumer; client entrepreneur; public interest;
Summary/Abstract: The article concerns the problem of determining the relationship between the Polish Act on Combating Unfair Competition of 1993 and the Polish Act on Combating Unfair Market Practices of 2007. The problem arose when the Unfair Commercial Practices Directive was implemented in the Polish system in 2007. The Directive is based on the division, which was not known in the Polish Act on Combating Unfair Competition, relating to business-to-business (B2B) and business to-consumer (B2C) relationships. The adoption of such an artificial division has raised numerous problems of interpretation. A better solution would be to adopt in subsequent legislative works the criterion of protected interests, which are the basis of each of the analysed legal acts. Consequently, it will be necessary to introduce legislative changes to the Polish Law on Combating Unfair Competition.
Journal: Ruch Prawniczy, Ekonomiczny i Socjologiczny
- Issue Year: 82/2020
- Issue No: 2
- Page Range: 51-62
- Page Count: 12
- Language: English