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First UOKiK decision on contractual advantage in trade with agricultural and food products

First UOKiK decision on contractual advantage in trade with agricultural and food products

On March 6th, 2018 Polish Consumers and Competition Protection Authority (UOKiK) issued its first decision based on provisions of new Act on combating contractual advantage in trade with agricultural and food products. The decision was issued within three weeks from the date of notification UOKiK by the farmers about the malpractices of the contractor.

UOKiK raised its reservations towards the following contractual stipulations:

  • lack of delivery deadlines of agricultural products, 
  • extensive payment deadlines, 
  • obligatory deduction from farmers receivables of the specified amounts towards particular Association. 

The contracting party undertook an obligation to change the contested regulations. Simultaneously, UOKiK decided to oblige the contractor to change all the agricultural procurements contracts concluded with farmers within one month from the day in which decision becomes final.

Most probably quick reaction of the contractor was related to severe penalties, which can be imposed by UOKiK upon the provision of Act on combating contractual advantage. Here you can find more about the new provisions and penalties.

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Michał Dudkowiak

Lawyer

Michał Dudkowiak

Barrister, Managing Partner

Michał Dudkowiak

Contact:

Rondo ONZ 1
00-124 Warsaw