Przesłanki stwierdzenia przewagi kontraktowej w praktyce nieuczciwego wykorzystywania przewagi kontraktowe
Statutory conditions establishing a superior bargaining powerin the practice of the unfair use of superior bargaining power in the trade in food and agriculture products

Summary/Abstract: The new Act on combating the unfair use of superior bargaining power entered into force on 12 July 2017. This new law introduces into the Polish legal system a completely new institution prohibiting the unfair use of superior bargaining power in relations between the purchaser and the supplier. The article describes the statutory conditions for the existence of a superior bargaining power within the meaning of the Act – which are the absence of sufficient (“wystarczających”) and real (“faktycznych”) opportunities to sell (purchase) agricultural or food products to other purchasers (from other suppliers), as well as a significant economic disparity between the contracting parties. The Authors analyze the above mentioned statutory conditions, using a literal and a functional interpretation supported with legal concepts arising from the closely related competition law. The article also outlines the international context of this issue.

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