Best prices Special offers for members of the PWE book club The cheapest delivery
dr Igor B. Nestoruk
ORCID: 0000-0001-6285-2776

Assistant professor at the Department of European Law at the Faculty of Law and Administration of Adam Mickiewicz University in Poznań (UAM) and a member of the Jean Monnet Chair Digital Single Market and the Free Flow of Information since 2022. He specializes in competition law, consumer protection law, and intellectual property law, with a particular focus on European law and the integration of legal systems within the EU. Author of over 60 publications in Polish, English, German, and French. A scholarship holder of the Max Planck Society, UNIDROIT, DAAD, and the Friedrich Naumann Foundation, he has also participated in international study visits funded by European Commission and UAM.

 
DOI: 10.33226/0137-5490.2025.2.5
JEL: K15, K29

The main subject of the paper is Article 17f of the Act of 16 April 1993 on Combating Unfair Competition – a central regulation for Polish law in terms of preventing and combating unfair competition. This provision formulates a new type of act of unfair competition introduced to the above-mentioned Act in 2017 as part of the legislative agenda aimed at facilitating debt recovery. The purpose of the publication is to analyse Article 17f taking into account its specific regulatory environment created by the provisions of the Act of 9 April 2010 on sharing business information and exchange of business data. The paper focuses on the assessment of the mutual relation of the two Acts on the one hand, and on the other hand on the examination of the very construction of Article 17f within the normative structure of the Act of 1993. From the theoretical perspective this new regulation raises questions concerning the tendencies affecting the development of Polish law in the discussed area, including the consistency of legislative actions as exemplified by the introduction of successive types of acts of unfair competition.

Keywords: business information; payment reliability; unfair competition; civil liability
DOI: 10.33226/0137-5490.2019.11.5

The  so  called  "schoolbook  amendment"  to  the  Education  System  Act  adopted  in  2014  introduced  new  provisions regulating marketing practices of schoolbook publishers. For the first time in history, the amendment implemented two provisions prohibiting particular practices classified by the legislator as unfair competition acts. The first ban applies to offering, promising or granting any benefits, directly or indirectly, to schools or teachers in consideration for choosing specific  textbooks,  educational  materials  or  practice  materials.  The  legislator  wishes  to  eliminate  corruption-related phenomena in the school-publisher relation. The second ban applies to offering a textbook in combination with another textbook  or  additional  teaching  materials  meant  for  schoolchildren.  This  way,  it  applies  to  a  certain  type  of  tying arrangements that occur in the publishing market. In both cases, these brand new types of unfair competition acts are subject to critical assessment as part of the extended regulation shaping the legal framework applicable to the Polish market of textbooks and related educational aids offered by publishers.

Keywords: schoolbooks/textbooks; marketing practices; unfair competition acts; law on education