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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:
Schoenherr publications on UTP
newsletter
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.
publication
25 August 2020
bulgaria czech republic hungary poland romania slovakia austria
V.Weiss G.Petkova P.Halwa L.Çelepçi C.Haid F.Urlesberger A.Turi G.Bădescu H.Wollmann S.Petronijević
CEE: Competition Monthly Bulletin – August 2020
newsletter
23 July 2020
czech republic hungary poland romania slovakia slovenia türkiye austria
C.Haid F.Urlesberger V.Weiss H.Wollmann G.Petkova A.Turi P.Halwa G.Bădescu L.Çelepçi S.Petronijević
CEE: Competition Monthly Bulletin – July 2020
publication
17 June 2020
C.Haid F.Urlesberger V.Weiss H.Wollmann G.Petkova A.Turi P.Halwa G.Bădescu L.Çelepçi S.Petronijević
CEE: Competition Monthly Bulletin – June 2020
newsletter
20 May 2020
czech republic hungary romania slovakia slovenia türkiye austria
C.Haid H.Wollmann G.Petkova A.Turi P.Halwa G.Bădescu L.Çelepçi F.Urlesberger V.Weiss S.Petronijević
CEE: Competition Monthly Bulletin – May 2020
newsletter
Czech Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional
newsletter
17 April 2020
czech republic hungary poland romania slovakia türkiye 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.
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.
publication
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.
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.
newsletter
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?
Links to all applicable legislation per jurisdiction can be found below.
laws and codes
- Competition Act EN
- UTP Act HR
- Trade Act HR
- Competition Act EN
- Consumers Protection Act
- Trade Act (Hungarian) Hungary
- HCA translation of only the "competition law related provisions" (English)
- A brief HCA statement on the Trade Act and its relevance (English)
- Food Distribution Act (Hungarian)
- UTP Act (Polish)
- Law 321/2009 (the Food Trade Law), updated as at 1 April 2020 (Romanian)
- Law 11/1991 (the Unfair Competition Law) (Romanian)
- draft EGO amending the Unfair Competition Law has been published on RCC's website and will be up for debate until 3 July 2020 (Romanian)
- Agriculture Act (Slovenian), English translation can be found here
Get an overview with our collection of country-specific leading cases and studies, notes and links below:
leading cases
- Adidas / Sports Direct OGH 16 Ok 12/13 (Volltext)
- Holzhandel I OGH 16 Ok 6/10 (Volltext)
- 20 Jahre Dm OGH 4 Ob 2365/96i (Volltext)
- Auchan decision (Hungarian)
- HCA press release on Auchan (English)
- Spar decision (Hungarian)
- HCA statement on Spar (English)
- UTP-dedicated portal (run by UOKiK) (Polish)
- Fruit market report (English)
- Dairy sector report (Polish) and a press release in English
- Slovenia: The Competition Protection Agency's report on alleged UTP in the food supply chain (Slovenian)
- Slovenia: 2019 Annual Report of the Ombudsman for Relations in the Food Supply Chain (Slovenian)
- Revised best practice statement on forecasting
- Best practice statement: Forecasting and promotions
- Code clarification case study on charging for optimum shelf positioning
- Guidance on De-listing practice
- Supplementary De-listing guidance
- Code clarification case study on payments for multi-channel participation
- Code clarification case study on requests for lump sum payments
- Code clarification case study on variation of supply agreements