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On 8 February, Bernadeta Kasztelan-Świetlik and Karolina Krzal – respectively, partner and advocate at GESSEL – led a workshop for representatives of the Polish Milk Chamber dedicated to the legislative Act regarding unfair exploitation of contractual advantage in dealing in agricultural and comestible products, referred to in Polish legal discourse simply as the Contractual Advantage Act.

The Act came into force 8 months ago, and its provisions continue to pose interpretational conundrums in practice. While the Office of Competition and Consumer Protection (UOKiK) has initiated a number of clarificatory proceedings, it will be some time before they are completed and their results – including the first official interpretations of concepts such as “significant disproportion of economic potential” – become known. Alas, businesspeople active in industries covered by the Act do not necessarily have that time, in that they need to make operational decisions today. Accordingly, representatives of the diary industry turned out in force at the event, looking for answers to at least some of the questions surrounding application of the Contractual Advantage Act.   

If your business is affected by the Act or if you have any questions in this regard, we invite you to get in touch with us:

Bernadeta Kasztelan-Świetlik
Partner, attorney
b.kasztelan@gessel.pl
+48 22 318 69 57