Supreme Court judgment will not benefit all cartel participants
A judgment of the Supreme Court overruling a decision of the president of the Office of Competition and Consumer Protection (UOKiK) does not apply to all participants in an agreement restricting competition. If a cassation appeal by one of them has been rejected or the Supreme Court has refused to accept it for examination, the case is irrevocably closed, regardless of how the proceedings continue and whether the decision of the president of UOKiK is ultimately upheld.
Controversial amendments to the EU rules for posting workers
On 3 October 2018 Poland filed a complaint with the Court of Justice against the amended Posted Workers Directive (2018/957/EU).
Changes in access to public procurement
The Public Procurement Law regulates the method of eliminating contractors who do not meet the requirements for such things as integrity (no criminal convictions). The sanction of exclusion from a tender may be imposed on a contractor not for acts committed by the entity, but for acts committed in relation to the activity of a collective entity by natural persons acting on its behalf or in its interest.
More and more disputes in the gaming industry
Andrzej Sapkowski’s demands for more money for copyrights to The Witcher is the tip of the iceberg. Changes in the gaming industry, like increased production costs and the dominance of digital distribution platforms, will give rise to an increasing number of disputes, in particular over intellectual property rights. What could trigger these disputes and how can they be prevented?
Future of work
Intensive developments in modern technologies and increasing globalisation are affecting all areas of life, including that of work. This is work meant in broad terms, not only in terms of its performance, but also recruitment and the mutual relations of employers and employees. Where is this all leading us?
Litigation due to increasing electricity prices
Changing energy prices observed in the last few months on the Polish Power Exchange (TGE) are causing disputes between energy suppliers and customers. Suppliers are raising prices unilaterally, the buyers respond by terminating their agreements, and the first cases are being heard in the courts. The large amount of uncertainty on the market is hindering the signing of agreements for the future. Even large and experienced businesses are finding this new situation daunting.
Further amendments on financial statements
As of 1 October 2018, companies will no longer prepare paper financial statements. After more than six months of implementation of the new regulations, we can make an initial assessment of their application in practice.
Food Law 2019. Vegan food—what does it really mean?
The controversial judgment of the Court of Justice of the European Union in TofuTown (C-422/16) triggered a long-delayed discussion on the proper labelling of vegetarian and vegan food. This issue, which for a long time has not been a priority for the European Commission, is just becoming one. Will the time of regulatory uncertainty, to the detriment of producers, consumers and regulators, come to an end?
Could businesses be sued for data leaks?
When hackers exploited vulnerability due to software not being updated at a US credit agency, important data of millions of customers in the US, Canada, and the UK were leaked. The US federal authorities have launched an investigation that could lead to millions in fines. Bosses at the firm were questioned in a congressional hearing and the agency is facing the largest class action in US history. This sounds like the plot of a financial thriller, but the Equifax case did in fact happen and is a lesson for the future.
Many parties responsible on the construction site
When the investor suffers damage, it is not necessary to find out who contributed to it and to what extent. The damage can be redressed by all entities responsible for its creation, even if they took part in the construction process in different roles and on a different basis.
Another step towards to EU copyright reform
On 12 September 2018 the European Parliament approved a proposal for a copyright directive. For the directive to become law another vote has to be held, and this will be in 2019.
When is there an obligation to examine a grossly low price, cost, or other important components?
There is a general principle that contracting authorities should request explanations when a proposed price, cost, or important components of price or cost seem grossly low and there are doubts about whether the contract can be performed. Art. 90(1) of the Public Procurement Act now no longer defines strict mathematical rules for examining a grossly low price. As a rule, whether explanations are requested from the contractor will depend on how the contracting authority assesses the contractor’s bid.
