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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.
Your contact for any UTP-related questions:
01 February 2022
Implementation of the UTP Directive in Austria
23 December 2020
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.
04 May 2020
Czech Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional
17 April 2020
croatia czech republic hungary poland romania slovakia turkey austria
C.Haid F.Urlesberger V.Weiss H.Wollmann G.Petkova A.Turi P.Halwa G.Bădescu L.Çelepçi S.Petronijević
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.
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.
Will the new EU Directive on unfair trading practices in the food supply chain have any impact on the existing legislation in CEE?
16 October 2019
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.
02 July 2019
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.
18 March 2019
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?
Slovenia: Food Supply Chain - The Limits of Competition Law and the Regulation of Unfair Trading Practices
Links to all applicable legislation per jurisdiction can be found below.
Get an overview with our collection of country-specific leading cases and studies, notes and links below: