There is a wide-spread consensus that UTPs occur throughout the food supply chain. Unfair trading practices (UTPs) can be defined as practices which grossly deviate from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on its counterparty. Some Member States, such as France, Belgium and the UK, have already adopted legislation specifically prohibiting such practices (in the food and/or non-food supply chain). In addition, various self-regulatory initiatives exist.
In April 2019, the European Parliament and the Council adopted Directive (EU) 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain. A Commission Proposal of April 2018 (COM(2018) 173 final) was substantially amended. To improve farmers’ and small and medium sized businesses’ position in the food supply chain, the Directive bans certain unfair trading practices including late payments for perishable food products; last minute order cancellations; unilateral changes to contracts; refusal to enter into a written contract; returning unsold or wasted products; payment for buyer’s marketing. Each Member State has to designate a competent authority to enforce these rules and these authorities must have the power to both launch investigations and fine operators who break the rules. The Member States now have two years to implement the Directive.
This book compiles the various papers presented at the “2nd UTP Roundtable” organized by the CONSUMER COMPETITION MARKET (CCM) institute of the KU Leuven on 28 June 2018. It entails a critical analysis of the final text of the EU Directive, the current state of play and the different regulatory options at national level by 2021.
Chapter 3. Enforcement in the Directive (Articles 4 to 11) (p. 61)
Chapter 4. The Common Agricultural Policy and the Directive on UTPS in the Agricultural and Food Supply Chain. Ensuring a Fair Standard of Living for the Agricultural Community? (p. 73)
Chapter 5. The Directive on UTP in the Agricultural and Food Supply Chain – a German Perspective (p. 87)
Chapter 6. French Regulatory Experiences with the Control of UTPs (p. 111)
Chapter 7. The Regulation of UTPs in the Food Supply Chain in the United Kingdom (p. 119)
Chapter 8. The Supply Chain Initiative. Its Origins, Purpose and Activities (p. 135)
Chapter 9. Tackling UTPs – Belgian Farmers Thoughts About the Belgian Experience with Self-Regulation (p. 145)
More about this series
Boeken in de CONSUMER COMPETITION MARKET SERIES bundelen de resultaten van onderzoeksactiviteiten van het instituut CONSUMER COMPETITION MARKET (CCM) van de KU Leuven, onder leiding van Wouter Devroe, Bert Keirsbilck en Evelyne Terryn. De reeks richt zich op de juridische infrastructuur van de interne markt van de Europese Unie in ruime zin. Zoals CCM zelf, behandelt de reeks op een geïntegreerde wijze het consumentenrecht, b2b en b2c handelspraktijkenrecht, sectorale marktregulering, de vier vrijheden (vrij verkeer van personen, goederen, personen, diensten en kapitaal) en mededinging (met inbegrip van EU- en nationale antitrustwetgeving, EU-concentratiecontrole en EU-staatssteunwetgeving).
The books in the CONSUMER COMPETITION MARKET SERIES bundle the results of research activities of the CONSUMER COMPETITION MARKET (CCM) institute of the KU Leuven, co-directed by Wouter Devroe, Bert Keirsbilck and Evelyne Terryn. The series focuses on the legal infrastructure of the internal market of the European Union in the broadest sense. Like CCM itself, the series deals in an integrated way with consumer law, B2B and B2C commercial practices law, sectoral market regulation, the four freedoms (free movement of persons, goods, services and capital) and competition (including EU and national antitrust law, EU merger control and EU state aid law)