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 businessto-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.
Highlights
The Polish law on combating unfair competition is currently governed by two underlying laws: the Act of 16 April 1993 on Combating Unfair Competition (Ustawa o zwalczania nieuczciwej konkurencji, hereinafter referred to as CUC1), and the Act of 23 August 2007 on Combating Unfair Market Practices (Ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym, hereinafter referred to as CUMP2)
The assumption that CUC protects the interests of entrepreneurs and that CUMP protects the interests of consumers would be wrong
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
Summary
The Polish law on combating unfair competition is currently governed by two underlying laws: the Act of 16 April 1993 on Combating Unfair Competition (Ustawa o zwalczania nieuczciwej konkurencji, hereinafter referred to as CUC1), and the Act of 23 August 2007 on Combating Unfair Market Practices (Ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym, hereinafter referred to as CUMP2). Both acts coexist, it is not easy to separate their objective[3] and subjective[4] scope. The criteria of protected interests, rather than the relation (B2C and B2B), should be decisive and taken into consideration in further reforms of Polish law on unfair competition
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