Entrepreneurs’ agreements as a means of defence against economic crisis: a chance for the economy or a violation of competition?

Abstract

The article is an analysis of an issue that refers to entrepreneurs’ agreements as a form of defence against economic crisis. In this context an important research problem appears, namely: can this kind of agreement be fully accepted or should it be recognized as inadmissible on account of its destabilizing influence on competition? The problem is discussed on the basis of the Statute of 16 February 2007 on the Protection of Competition and Consumers (consolidated text: Journal of Laws of 2024, item 594 with later amendments). In this connection, the main research method is argumentative, taking into consideration selected economic aspects. The detailed aims concern the questions: What entrepreneurs’ agreements are forbidden? Is every agreement limiting competition banned? What are the consequences of concluding an agreement at variance with the Statute on the Protection of Competition and Consumers? It was assumed, as a hypothesis, that the possibility of concluding agreements by entrepreneurs as a means of defence against economic crisis is limited. The reasoning contained here confirms the accuracy of this hypothesis and its discussion has led to formulated recommendations directed to the legislator. Firstly, there should be an increase, indicated in Article 7, Item 1, Points 1 and 2 of the Statute on the Protection of Competition and Consumers, in the upper limits of shares owned by entrepreneurs who are parties to an agreement in the appropriate market. These limits give exemption from applying some of the bans presented in Article 6, Item 1 (see also Article 7, Item 3 which details banned agreements regardless of entrepreneurs’ shares in the appropriate market). Secondly, there is a need for tempering the financial penalty described in Article 106, Item 1, Point 1 through establishing a maximum sum in every case of its imposition (an example of this kind of limitation is placed in Article 106, Item 6 of the statute on the Protection of Competition and Consumers).