Open AccessInterests protected under the Polish law on combating of unfair competition
Author(s) -
Jakub Kępiński
Publication year - 2020
Publication title -
ruch prawniczy, ekonomiczny i socjologiczny
Language(s) - English
Resource type - Journals
eISSN - 2543-9170
pISSN - 0035-9629
DOI - 10.14746/rpeis.2020.82.2.4
Subject(s) - unfair competition , directive , legislature , competition (biology) , interpretation (philosophy) , business , consumer protection , competition law , law , law and economics , economics , political science , market economy , computer science , ecology , monopoly , biology , programming language
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.