FAILURE TO GIVE A DISCOUNT AN ACT OF UNFAIR COMPETITION?

Mar 22, 2023

Every entrepreneur has a pricing policy, including a discount policy, which can be influenced by many factors. In one of the recent cases considered by the Court of Appeals in Poznań (I ACa 1168/16 – judgment with justification of the Court of Appeals in Poznań of 2017-03-27), there was an assessment of whether an entrepreneur who has given a discount to one contractor must also give this discount to another with similar order levels?

BACKGROUND OF THE DISPUTE OVER THE FAILURE TO GIVE A DISCOUNT

The case involves an interesting issue: differentiating the position of contractors. Such a practice may, under the provisions of the Unfair Competition Law, constitute an act of unfair competition in the form of restriction of access to the market. The plaintiff in the case (a seller of baby strollers) alleged that the defendant (a wholesaler) does not give him such discounts as one competitor who placed similar orders. According to the plaintiff, this kind of action by the defendant constitutes an act of unfair competition in the form of restricting the right to the market through materially unjustified differential treatment of certain customers. The court disagreed with this assessment.

CAN A DISCOUNT BE DEMANDED?

According to him, it is not possible to “demand” the granting of a price discount, just because someone else receives it. It is also difficult to see in these circumstances, an act of unfair competition. The issue of the amount of turnover obtained in the normal course of the seller’s activities may or may not be the reason for granting a discount. The decision in this regard is already up to the counterparties, calculating the advisability of granting a discount primarily by the supplier in the context of the overall business conducted at its own risk.

SEO WITH SOMEONE ELSE’S TRADEMARK

What Your marketing campaign should not look like? Definitely don’t use someone else’s trademark. We explain why in uour newest article.

APOLOGY FOR FILING AN OBVIOUSLY BASELESS LAWSUIT

If a businessman does not give me the same discount as another contractor, does he violate my rights by doing so? Can such an action be understood in terms of an act of unfair competition?

CLOSING OF THE BREWERY IN LEŻAJSK – WHAT EFFECT DOES THIS HAVE ON THE TRADEMARK?

What is going to happen with Your trademark if you change Your headquaters?

HOW TO PROVE TRADEMARK RIGHTS IN COURT

How to prove that You have a right to a trademark? This is a primary difficulty when enforcing intellectual property rights.

PACZKOMAT TRADEMARK DISPUTE

Was InPost right about his Paczkomat trademark? Is it really descriptive and is going to be cancelled? What are the other options of competitors?

SECURING CLAIMS BEFORE FILING AN INTELLECTUAL PROPERTY LAWSUIT

How to secure Your claims in intellectual property law? One of good tactics is explained in our newest post.

USING SOMEONE’S TRADEMARK

In this post we explain how and when You can use someone else’s trademark.

PUBLISHING GRAPHICS ON FACEBOOK

In this post we explain how to publish graphics on Facebook to not face copyright infrigement accusation.

SIGNIFICANTLY CHANGED FORM OF THE TRADEMARK

BASIS The reasons for the expiry of the trademark protection right are set out in Art. 169 IPL However, one of them is the loss of distinctive features by the registered trademark as a result of the actions of the owner. Such a trademark will provide information only...

CONFERENCE “MODERN CHALLANGES OF IP”

On September 2-3 this year. a conference in memory of recently deceased prof. William Cornish, a recognized specialist in intellectual property law. The conference was held under the slogan "Modern challenges of IP law". During it, important topics and problems...

CALL US

+48 (58) 716 71 68

WRITE US