Unfair competition provisions – how can injured entrepreneurs benefit from them?
In the business environment, companies operating on the market are increasingly experiencing an increase in unethical practices from their competitors. Faced with such a situation, entrepreneurs should be aware of which competitive activities are acceptable and which constitute a violation of legal provisions. Additionally, it is important to understand what measures can be taken by an entrepreneur whose interests have been affected by unfair competition practices, and where to seek support and advice in such situations.
Use of the Act on Combating Unfair Competition
The first step should be to use the provisions of the Act of April 16, 1993 on combating unfair competition (consolidated text: Journal of Laws of 2003, No. 153, item 1503, as amended, known as the “UZNK”). It is worth noting that this act not only refers to civil law regulations, but also includes criminal provisions that are intended to provide additional protection for economic participants.
Pursuant to Art. 3 section 1 of the Act on Competition and Consumer Protection, generally considered to be a “general clause”, an act of unfair competition is an act contrary to the law or good practices if it violates or even only threatens the interests of another entrepreneur or customer. According to the provisions of the above-mentioned According to the Act, the following are considered acts of unfair competition: breach of business secrets, imitation of products, false marking of goods or services, slander, hindering access to the market, avalanche sales system, bribing a person performing a public function, consortium system, use of unfair or prohibited advertising.
What can an entrepreneur whose interests have been violated demand?
Pursuant to Article 18(1) 1 u.z.n.k. the injured entity may demand the cessation of actions considered prohibited, the removal of the effects of such actions, the submission of a statement in appropriate content and form, compensation for the damage suffered, the return of unjustly obtained benefits, and an award of a sum of money for a specific social purpose supporting Polish culture or protecting national heritage.
Lawsuit – unfair competition
An important element before filing a lawsuit is to request the party to refrain from practices constituting unfair competition. In the event of a possible pursuit of claims under the Act on Combating Unfair Competition, it is necessary to collect and present in the court dispute all evidence confirming violations committed by the other entity. Particular attention should also be paid to the limitation period, which is three years and starts separately for each violation.
Author:
Rafał Drzewiecki
Lawyer, Mediator
He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.
Contact a specialist
Bailiff seizure of accounts, enforcement of movable and immovable property
Many people encounter a situation in which a bailiff takes enforcement actions due to unpaid liabilities. If a person encounters...
Consumer bankruptcy and debt guarantee
Guaranteeing a debt in a consumer's bankruptcy has significant consequences for the guarantor. When a debtor decides to declare...
Apartment reservation agreement
The reservation agreement, in accordance with the applicable Act of May 20, 2021 on the protection of purchasers of residential...