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Unfair trade practices imposed by the stronger party to a contract can have a profound impact on the functioning of the market, increasing costs and reducing revenues of the parties that experience them. This background paper reviews unfair trade practices that can appear on any side of the B2B (Business-to-Business ) transaction, in any sector of the market. Recently unfair trading practices have been of particular interest to the EU in relation to food supply chains. Briefing concludes that any consideration concerning possible future action in the area of unfair trading practices must consider a number of issues such as: whether or not legislative action is needed, and if so, what scope and form should it take. However, the key element of any action is to ensure its subsequent effective enforcement.
Master's Thesis from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,3, University of Bonn, course: Lebensmittelrecht, language: English, abstract: In July 2013, negotiations concerning the Transatlantic Trade and Investment Partnership (TTIP) were initiated. Objective of the negotiations is the generation of a Free Trade Agreement (FTA) between the United States (U.S.) and the European Union (EU) to promote trade by reducing trade barriers, including tariff and non-tariff ones. In order to achieve this goal, several issue barriers have to be addressed, inter alia concerning non-tariff barriers including regulatory differences in the sectors of agriculture and food production. While the U.S. and the EU both have high standards concerning the consumer protection and food safety assessment, differences in the basic principle and implementation persist. Both countries pursue an agreement that follows the respective principles and still provides effective trade stimulation. However, based on the rooted differences in the particular food safety systems, challenges are inevitable. The objective of this study is the presentation of the U.S. and EU food safety system as well as special cases highlighting the differences between both systems in terms of risk assessment, prevention, responses and risk communication. The different factors are analyzed both theoretically and on the basis of practical examples. Additionally, the different matters are described in the context of the TTIP to identify issues that may complicate the negotiations. Possibilities to resolve those issues are discussed and recommendations for positive outcomes given.
"Unfair trading practices" is generally defined as consisting of deceptive, fraudulent, or otherwise injurious conduct, referring to practices that directly affect consumers or competitors. In business-to-consumer relationships, unfair trading practices may involve misleading claims and advertising, conditional selling, excessive pricing, discriminatory pricing, and other misrepresentations. In business-to-business relationships, the prohibited conduct may be trade mark infringement, misappropriation, false advertising, bait-and-switch sales tactics, unauthorized substitution of brands of goods, use of confidential information by a former employee to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services. In this edition of the Comparative Law Yearbook of International Business, practicing lawyers from Argentina, Austria, Brazil, China, Germany, Italy, Japan, Poland, South Africa, South Korea, Sweden, the United Kingdom, the United States, and the European Union examine unfair trading practices in their respective jurisdictions.
Unfair trade practices (UTPs) are practices imposed by a stronger party in a contractual relationship that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. UTPs are present at a national level, but they can also exert a negative impact on developing trade among Member States, which in turn may hinder the development of the internal market.
Il volume collettaneo analizza le tematiche connesse alla disciplina dei rapporti tra i diversi attori della filiera agroalimentare alla luce della Direttiva UE 2019/633 “in materia di pratiche commerciali sleali nei rapporti tra imprese nella filiera agricola e alimentare” e della sua attuazione negli Stati membri, nell’ottica della più ampia problematica della disciplina del mercato agroalimentare. In tale prospettiva, nella prima parte del volume la disciplina dei rapporti contrattuali della filiera agroalimentare viene inquadrata nell’ambito della PAC e della disciplina della concorrenza, evidenziandosi altresì le connessioni con altri profili di rilievo; nella seconda parte, l’analisi si concentra sull’attuazione della Direttiva UE 2019/633 nei diversi Stati membri, al fine di evidenziare i punti di forza e le debolezze del mutato quadro normativo europeo. DOI: 10.13134/979-12-5977-231-2