Barrister Jan Markiewicz (Law Firm Wardyński & Wspólnicy, PhD candidate supervised by Professor Ewa Nowińska of the Faculty of Law Jagielonian University) made a presentation on the interpretation of Article 15(1)(4) of the Act on Combating Unfair Competition. According to the current interpretation, the charging of any fees other than a trade margin (that is, the charging of ‘slotting-fees’), would be an act of unfair competition as it hinders market access. Since the entry into force of that provision, suppliers have been regularly using it in order to demand the return of what they generally call ‘slotting-fees’. Such demands cover mainly payments made for services rendered (e.g. advertising or logistic) and amounts by which prices were cut. The speaker made also a critical analysis of cases where suppliers might have been using this provision unjustifiably and noted that while it cannot be said that the current judicial line has yet changed, he was of the opinion that the judiciary seems to have nevertheless become somewhat more critical towards the suppliers’ aforementioned practices. Covered in the presentation was also the transferral of the disputes from judicial to arbitration venues.
PhD Seminars
(21) ‘Slotting fees’ – taking fees other than trade margin in order to have a product placed in the store as an unfair competition practice in the light of Article 15(1)(4) of the Act on Combating Unfair Competition. A traditional interpretation in the li
- Topic: Slotting fees’ – taking fees other than trade margin in order to have a product placed in the store as an unfair competition practice in the light of Article 15(1)(4) of the Act on Combating Unfair Competition. A traditional interpretation in the light of new jurisprudence’
- Place and date: Warsaw, 22 October 2015
- Speaker: Jan Markiewicz (PhD candidate, Faculty of Law and Administration, Jagiellonian University)
