Fighting against unfair competition with consideration of slotting allowance

Content-related preparation of process strategies, which are verified in practice, guarantee effective seeking of claims due to slotting allowance. Slotting allowance is a colloquial name for all the fees (apart from a trade margin) which large-format stores collect from suppliers for acceptance of goods for sales. The unfair competition act of 16 April 1993 states, inter alia, that an act of unfair competition is hindering access to the market for other entrepreneurs through collecting fees other than trade margin for acceptance of goods for sales. Trade entrepreneurs collect slotting allowance from suppliers illegally, at the same time making selling of their goods in their trade units dependent on such fees. Slotting allowance is collected under various names by entrepreneurs running large-format stores, eg. as marketing service fees, trade consultation fees, logistics and transport fees, commercial cooperation intensification fees, condition bonus, post-transaction rebate due to optimisation of orders and delivery, assortment bonus, loyal card costs, promotion discount, fees due to opening of a new supermarket or hipermarket, sale-out fee, fees due to placing a logo in given locations of the market, fees due to introducing a new product, fees due to specific labelling of goods. All the aforementioned fees (and similar ones) are collected illegally in a manner which is against the act and they constitute an act of unfair competition. The act provides for civil liability of a trade entrepreneur for violation of unfair competition prohibition in relation to a supplier, providing the authorised parties with various legal tools. A supplier which is a victim of unfair competition is entitled to seek the following in the court from the trade entrepreneur: abandonment of prohibited actions, removal of the effects of prohibited actions, repair of the damage caused, reimbursement of benefits collected illegally. The law supports suppliers; yet, seeking claims in court is a long and arduous process where the winner is the stronger one. Thus, it often happens that despite the apparent right of suppliers who represent themselves in the court they lose against owners of supermarkets and hipermarkets who are represented by large law offices. Duraj & Reck and Partners Law Office in Katowice faces the problems of small and medium entrepreneurs who deal in delivery of goods to large store chains. Owing to our wide experience in this field, we win proceedings for them against large trade units for reimbursement of slotting allowance and damages. We provide comprehensive legal service within the scope of seeking claims due to fees collected illegally.