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Unfair Trading Practices In The Business To Business Food Supply Chain
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Book Synopsis Unfair Trading Practices in the Business-to-business Food Supply Chain by :
Download or read book Unfair Trading Practices in the Business-to-business Food Supply Chain written by and published by . This book was released on 2015 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Unfair Trading Practices Food Supply Chb by : Bert Keirsbilck
Download or read book Unfair Trading Practices Food Supply Chb written by Bert Keirsbilck and published by Intersentia. This book was released on 2020-07-24 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.0In 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.00This 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.
Book Synopsis UNFAIR TRADING PRACTICES IN THE AGRICULTURAL AND FOOD SUPPLY CHAIN by : ELISA. PAREDIS
Download or read book UNFAIR TRADING PRACTICES IN THE AGRICULTURAL AND FOOD SUPPLY CHAIN written by ELISA. PAREDIS and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Trading Practices in the Business-to-business Food Supply Chain by :
Download or read book Unfair Trading Practices in the Business-to-business Food Supply Chain written by and published by . This book was released on 2015 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Green Paper on Unfair Trading Practices in the Business-to-business Food and Non-food Supply Chain in Europe by : European Commission
Download or read book Green Paper on Unfair Trading Practices in the Business-to-business Food and Non-food Supply Chain in Europe written by European Commission and published by . This book was released on 2013 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legislation Covering Business-to-business Unfair Trading Practices in the Food Supply Chain in Central and Eastern European Countries by : Anna Piszcz
Download or read book Legislation Covering Business-to-business Unfair Trading Practices in the Food Supply Chain in Central and Eastern European Countries written by Anna Piszcz and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Trading Practices in the Food Chain by : Hanna Schebesta
Download or read book Unfair Trading Practices in the Food Chain written by Hanna Schebesta and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 12 April 2018, the European Commission published a Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, COM(2018) 173 final ('UTPD'). Currently, the European Parliament and the Council review the proposal. In this paper, we provide an overview of the issue of Unfair trading practices ('UTPs') in the supply chain, the content of the original proposal and its proposed amendments and subsequently analyze the different proposed regulations from a legal perspective. We show that, despite the fact that the proposal certainly pursues noble goals, it has important flaws and shortcomings: (1) it is questionable whether Art. 43 TFEU is a valid choice as a legal basis as the scope of the proposal targets the entire food sector. Arguably it can hence not be adequately based exclusively on the Common Agricultural Policy ('CAP') instruments legal basis. (2) UTPs rules are complementary to EU competition law, which may send ripples to the overall structure of EU law. The UTPs mentioned cover situations of unequal bargaining power - the focus is on the bilateral power of balance between market participants, as opposed to competition law rules on abuses of dominance that are geared to address practices that have an effect on the overall market. (3) It is unclear why and on which basis the respective practices were chosen and if this static approach allows for sufficient flexibility to also cover other UTPs that might evolve over time. It is, however, likely that the Proposal lays the foundation for a growing area of EU law, which increasingly regulates practices in B2B relationships.
Book Synopsis Comparative Analysis of the Implementation of the Unfair Trading Practices Directive in the Business-to-business Agricultural- and Food Supply Chain by : M.B. Westerveld
Download or read book Comparative Analysis of the Implementation of the Unfair Trading Practices Directive in the Business-to-business Agricultural- and Food Supply Chain written by M.B. Westerveld and published by . This book was released on 2022 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Trading Practices in Food Supply Chains. Regulatory Responses and Institutional Alternatives in the Light of the New EU Directive by : Fabrizio Cafaggi
Download or read book Unfair Trading Practices in Food Supply Chains. Regulatory Responses and Institutional Alternatives in the Light of the New EU Directive written by Fabrizio Cafaggi and published by . This book was released on 2019 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfair trade practices (UTPs) can refer to individual firms or, more often, concern the entire chain. The article contends that UTPs in supply chains present specific features; as a consequence, they require specific rules and remedies. Power concentration in food global chains often leads to abuse by shifting risks and costs to weaker contractual partners, who are not necessarily the most efficient actors to control risks and to manage costs related to production and distribution processes. Inappropriate exercise of market and contractual power may bring about inefficient allocation of tasks together with undesirable distributional consequences. A distinction should be made between isolated UTPs, whose effects mostly remain within the bilateral contractual relation, and systemic UTPs, whose effects directly or indirectly spread along the chain. The latter create much more severe consequences, both distributional and exclusionary. By examining the recently adopted EU Directive on UTPs in agri-food chains and its complementarities in respect to private regulation, the authors develop a conceptual framework that might be useful to complement existing and forthcoming regulation at EU and national level with rules reflecting the supply chain dimension of UTPs. More particularly, the authors suggest that both distributional and exclusionary systemic effects should be considered in a) the definition of the practice, (b) the type of prohibition and the extent to which agreed terms may allow the use of some of the practices, (c) the nature and scope of liability of the infringer(s), (d) the use of presumptions concerning the practices' effects, (e) the choice and content of sanctions and remedies. These distinctions fit within the discretionary space allowed to MSs when implementing the directive, making the implementation more effective and consistent with its regulatory goals.
Book Synopsis Unfair Trading Practices in the Business-to-business Retail Supply Chain by :
Download or read book Unfair Trading Practices in the Business-to-business Retail Supply Chain written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Food Value Chains and Competition Law by : Ioannis Lianos
Download or read book Global Food Value Chains and Competition Law written by Ioannis Lianos and published by Cambridge University Press. This book was released on 2022-05-05 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: The food industry is a notoriously complex economic sector that has not received the attention it deserves within legal scholarship. Production and distribution of food is complex because of its polycentric character (as it operates at the intersection of different public policies) and its dynamic evolution and transformation in the last few decades (from technological and governance perspectives). This volume introduces the global value chain approach as a useful way to analyse competition law and applies it to the operations of food chains and the challenges of their regulation. Together, the chapters not only provide a comprehensive mapping of a vast comparative field, but also shed light on the intricacies of the various policies and legal fields in operation. The book offers a conceptual and theoretical framework for competition authorities, companies and academics, and fills a massive gap in the competition policy literature dealing with global value chains and food.
Book Synopsis Law and Responsible Supply Chain Management by : Vibe Ulfbeck
Download or read book Law and Responsible Supply Chain Management written by Vibe Ulfbeck and published by Routledge. This book was released on 2019-01-10 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Social Responsibility has for long been on the agenda in the business world and recently, it has also become a political agenda in the European Union. Focusing on international supply chains and their control based on studies of law in several European jurisdictions, this book aims to advance the discussion on the application and enforcement of CSR. Drawing parallels to US and Canadian law, the book explores to what extent private law tools can be used as an enforcement device and it ultimately asks if what we are witnessing is the formation of a new area of law, employing the interplay of contract and tort – a law of "production liability", as a corollary of the concept of "product liability".
Book Synopsis Ex Post Evaluation of Competition Cases by : Assimakis Komninos
Download or read book Ex Post Evaluation of Competition Cases written by Assimakis Komninos and published by Kluwer Law International B.V.. This book was released on 2021-10-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition authorities use ex post evaluation of enforcement decisions to help determine if an intervention (or non-intervention) has achieved its objectives – and, if not, the reasons it failed to do so – thus allowing for improvement in the design and use of techniques used in the analysis underpinning the decision. In this essential volume, expert contributors use this procedure to provide a neutral and extensive assessment of cases that have significantly shaped European Union (EU) competition law enforcement. With in-depth analysis of foundational cases of EU competition law and the methodologies that have been developed over time to predict how enforcement decisions will affect competition, for each case the authors respond thoroughly to such questions as the following: Did the decision have an impact on the affected market? Did it improve consumer or social welfare? With the benefit of hindsight, were the factual assertions true? Were all the relevant theories of harm (and efficiency justifications) properly investigated? Was the decision able to deter similar anticompetitive behaviour? Did the decision provide clear guidance on which types of conduct should be deemed illegal? Industries covered include information technology (the Microsoft cases), payment cards (the Visa Europe 2010 Commitments Decision), pharmaceuticals, and conditional rebates (Michelin I, Michelin II and BA/Virgin). Also investigated are the role of buyer power in concentration cases and the relative strength of competition law enforcement versus regulation, where appropriate. In its accumulation of evidence from individual cases that have gradually improved our ability to grasp the connections between policy choices and the outcomes they lead to, this matchless volume has no peers. It constitutes an invaluable resource for competition authorities in performing ex post evaluations and will be welcomed by practitioners and academics concerned with European competition law.
Author :United States. Congress. House. Committee on Small Business. Subcommittee on Agriculture, Energy, and Trade Publisher : ISBN 13 : Total Pages :60 pages Book Rating :4.:/5 (319 download)
Book Synopsis Unfair Trade Practices by : United States. Congress. House. Committee on Small Business. Subcommittee on Agriculture, Energy, and Trade
Download or read book Unfair Trade Practices written by United States. Congress. House. Committee on Small Business. Subcommittee on Agriculture, Energy, and Trade and published by . This book was released on 2014 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Law on Unfair Commercial Practices and Contract Law by : Mateja Durovic
Download or read book European Law on Unfair Commercial Practices and Contract Law written by Mateja Durovic and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
Book Synopsis Research Handbook on International Commercial Contracts by : Andrew Hutchison
Download or read book Research Handbook on International Commercial Contracts written by Andrew Hutchison and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
Book Synopsis Food Supply Chains by : Ján Pokrivčák
Download or read book Food Supply Chains written by Ján Pokrivčák and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
