Published: 2019-09-16

Proceedings regarding practices unfairly using a contractual advantage in the agri-food market as a new area of public administration

Beata Wieczerzyńska
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1168

Abstract

The article is an attempt at analyzing selected provisions of the Act on Counteracting Unfair Use of Contractual Advantage in Agricultural and F ood Products turning to whether there is public interest in the need of public authority interrogation in contractual relationships (Civil Law) in B2B relations in the food and agricultural market and whether this material basis for this interference has been properly defined. “Public interest” as an objective of counteracting practices that unfairly uses the contractual advantage of suppliers or buyers, should be considered on the axiological basis of the Act on competition and consumer protection, in the context of ensuring consumer welfare and thus food security of the country. The material prerequisites of the President of UOKiK’s [Office for the Protection of Competition and Consumers] conduct in cases of abuse of a contractual advantage were burdened with a large degree of indeterminacy, entrusting to the authority their clarification with prejudice to the principle of predictability of state bodies’ activities.

Keywords:

contractual advantage, food supply chain, president of UOKIK

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Wieczerzyńska, B. (2019). Proceedings regarding practices unfairly using a contractual advantage in the agri-food market as a new area of public administration. The Opole Studies in Administration and Law, 16(1 (4), 155–168. https://doi.org/10.25167/osap.1168

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