Monitor Prawa Handlowego

no. 3/2012

An act of unfair competition vs. unfair market practice

Katarzyna Kopaczyńska-Pieczniak
Autorka jest adiunktem w Katedrze Prawa Gospodarczego i Handlowego UMCS.
Abstract

The consequence of the application in the Polish legal system of the Unfair Competition Act and the Unfair Market Practice Act is the functioning – among the regulations aimed at ensuring business integrity – of two general clauses: the general definition of an unfair competition act (Art. 3.1 of the ZNKU) and the general definition of unfair market practice (Art. 4.1 of the PNPRU). Such a situation gives rise to a question as to their mutual relationship. It seems that although they make up two separate conceptual sets, it is justified to establish whether and to what extent they overlap.