Studnicki Pleszka Cwiakalski Gorski has successfully represented Tesco Polska in what it describes as "a precedent-setting dispute with one of the manufacturers and suppliers of flour used in the internal bakeries of Tesco chain."
According to the firm, "the supplier brought a claim against Tesco Polska for reimbursement of bonuses from turnover agreed by the parties, claiming that they amounted to imposition of charges for acceptance of merchandise for sale within the meaning of the Act on Combating Unfair Competition, the collection of which hinders other entrepreneurs' access to the market within the meaning of Article 15(1)(4) and Article 3 of the Act on Combating Unfair Competition."
In its judgment of June 6 2014, (case docket III CSK 228/13), the Polish Supreme Court accepted the argument made by Tesco Polska and set aside the judgment of the Court of Appeals in Krakow. In siding with Tesco Polska, the Supreme Court found that the respective provisions of the Act on Combating Unfair Competition do not apply to goods purchased by the retail chain for their subsequent processing and sale, and that the agreed-upon bonus for achieving specific sales amounts constitutes a discount that is a part of the trade margin within the meaning of Article 15(1)(4) of the Act on Combating Unfair Competition.
On behalf of SPCG, Tesco Polska was represented by SPCG Partner Jakub Gorski and Associate Pawel Wec.
