[RedirectPrompt_en-US]

unfair trade practices info corner

To improve the position of SME in the food supply chain, the EU has adopted legislation that bans certain unfair trading practices ("UTP"). Corresponding national rules in Central and Eastern Europe are often significantly stricter than the EU counterparts, sometimes expanding the rules on unfair abuses of significant market power ("SMP") also to other industries. We help our clients navigate this patchwork and structure their contractual relationships accordingly. Should stakeholders take issue with the practices of our clients, we have significant experience in defending them before authorities and courts.

This info corner summaries the main UTP acts and other acts aiming to curb the exercise of SMP, decisions, supplementing materials, as well as our insights and thoughts on this topic.

contact

Your contact for any UTP-related questions:

Christoph
Haid

Partner

austria vienna

Schoenherr publications on UTP

newsletter

23 December 2020

czech republic

C.Bock

Czech Competition Authority imposed fine on retailer for abuse of significant market power

The Czech Competition Authority (CCA) announced in a press release1 that it had imposed a fine of CZK 32m (approximately EUR 1.2m) on the Czech retail chain HRUŠKA, spol. s.r.o., for an alleged abuse of significant market power. The decision is not final and an appeal has been filed.

more
publication

CEE: Competition Monthly Bulletin – August 2020

more
publication

CEE: Competition Monthly Bulletin – June 2020

more
newsletter

04 May 2020

czech republic

C.Bock

Czech Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional

more
newsletter

CEE: EU & Competition Monthly Bulletin – April 2020

Stay informed about the latest developments in competition law in Central and Eastern Europe with Schoenherr's multi-jurisdictional newsletter.

more
newsletter

CEE: EU & Competition Monthly Bulletin – March 2020

more
roadmap

Unfair trade practices in the food retail sector in Hungary: Will the new UTP Directive bring substantial changes?

The legislation on unfair trade practices is a classic interplay between competition law and trade law. The close and complementary relationship between trade and competition policies can be derived from the similarity of their objectives: fostering fair and effective competition while at the same time protecting vulnerable market players from abusive conduct by those with stronger negotiating power.

more
roadmap

Will the new EU Directive on unfair trading practices in the food supply chain have any impact on the existing legislation in CEE?

more
publication

16 October 2019

austria

H.Wollmann

Die UTP-Richtlinie - Unterstützung für David gegen Goliath in der Lebensmittelbranche

Am 17. 4. 2019 ist die UTP-RL in Kraft getreten. Sie ist von den EU-Mitgliedstaaten bis längstens 1. 5. 2021 in das nationale Recht umzusetzen und spätestens ab 1. 11. 2021 anzuwenden.

more
newsletter

New law on unfair trade practices in the food retail sector

Slovakia has a history of legislation focused on regulating business to business relationships in the food retail sector. Since 2004, four different acts have attempted to curb certain practices of food retailers and their suppliers in order to strike a fair balance in their business relationships.

more
newsletter

18 March 2019

bulgaria

E.Todorova G.Petkova

Bulgaria: Proposal for EU Directive on unfair trading practices in business-to-business relationships in the food supply chain

Can European farmers be certain that a bottle of milk or a kilo of apples will remain more expensive than a bottle of mineral water?

more
roadmap

2016

E.Škufca

Slovenia: Food Supply Chain - The Limits of Competition Law and the Regulation of Unfair Trading Practices

more

Links to all applicable legislation per jurisdiction can be found below.

laws and codes

  • Competition Act EN

studies, notes and links