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Review

Act on Counteracting the Unfair Use of Contractual Advantage

July 13, 2017

The Act on counteracting the unfair use of contractual advantage in the trade in agricultural and food products have been in force since 12.07.2017. The Act prohibits unfair use of contractual advantage by larger entrepreneurs in contracts with smaller business partners.

Additionally, in February this year new regulations were introduced, imposing an obligation on entities entering into contracts for the supply of agricultural products to conclude such contracts in a written form, stipulating detailed provisions concerning the transaction in question.

Any breach of the Act on counteracting the unfair use of contractual advantage by the entrepreneur and the failure to draft contracts in a written form stipulating the relevant provisions are punishable by fines imposed by the President of the Office of Competition and Consumer Protection /UOKiK/ or by the Agricultural Market Agency.

Since our Law Firm has already had experience in this area, we can offer you professional support in this regard.

In consideration of the foregoing, we would like to offer you the preparation of legal information covering the following subjects:

  • verification whether you are obliged to document your transactions in the form of a written contract stipulating detailed provisions with regard to the purchase and sale of agricultural products in the following sectors: beef and veal, pork, sheep meet and goat meat as well as poultry meat, in accordance with the Act on the Agricultural Market Agency and organisation of certain agricultural markets,
  • verification whether you are obliged to comply with the Act on counteracting the unfair use of contractual advantage in the trade in agricultural and food products in respect of the contracts concluded with your business partners.

Since our Law Firm has already had experience in this area, we can offer you professional support in this regard.