A universal and unrestricted access to capital and the related increase in the number of entities competing on the market favors the situation where competitors commit acts violating the principles of fair competition. The gravest infringements are usually committed by the largest market players – in particular capital companies. Violation of competition law by a company may result in numerous punishments, in particular financial penalties. In the case of natural persons running a business and partnerships, the act of unfair competition committed by an entrepreneur also means a complaint for persons acting on behalf of such entities. In the case of companies, this is no longer a rule, and moreover, forces managers to operate in a situation of conflict between private interests and company’s interests. In Polish law there are mechanisms allowing a company to claim compensation for the damage caused by an act of unfair competition caused by the action of specific natural persons. The basis for claims for damages are the provisions on liability for damages according to general rules of civil liability, and in the case of company’s officers the provisions of the Commercial Companies Code concerning liability to the company for the damage resulting from an unlawful action or omission of a member of the company’s body. The liability of employees is limited by the provisions of the Labor Code – an employee is accountable to three times the amount of remuneration, unless he or she caused the damage intentionally.
May 17, 2019
Apr 18, 2018