The Slotting Fee

Abstract

According to Article 15(1)(4) of the Act on Combating Unfair Competition, it is an act of unfair competition to obstruct other entrepreneurs’ access to the market, in particular by charging fees other than the trade margin for accepting goods for sale. The purpose of this article is to present concerns related to the aforementioned provision in the light of the jurisprudence of Polish courts and to assess whether the current legal framework provides uniform grounds for classifying slotting fees as part of the trade margin for accepting goods for sale.