Abstract

The problem of charging fees other than the trade margin (so-called slotting fees) is described in Art. 15.1.4 of the Unfair Competition Act of 16 April 1993, has been widely discussed in literature and subject of numerous court decisions. This article attempt to sum up the problem of charging slotting fees, in particular after the judgment of the Constitutional Tribunal of 16 October 2014, which resolved many issued recently discussed in literature and caselaw. The author believes that as a matter of principle charging various fees between entrepreneurs is admissible, though in certain circumstances they may be classified as unfair competition. The courts have the responsibility to appraise those circumstances correctly following the guidelines provided by the Constitutional Tribunal.