Comments of the Max Planck Institute for Intellectual Property and Competition Law, Munich of 29 April 2013 on the Green Paper of the European Commission on Unfair Trading Practices in the Business-to-Business Food and Non-Food Supply Chain in Europe Dated 31 January 2013, Com(2013) 37 Final

Abstract

The economic situation in the retail chain is increasingly characterised by cross-border transactions of undertakings with market power. As the European Commission rightly points out in its Green Paper this may lead to unbalanced bargaining power and unfair market practices. The Green Paper considers the different approaches of national law to combat such unfair B2B practices in the supply chain as promoting the development of trade barriers and suggests specific regulation. The Comments of the Max Planck Institute point out that such specific legislation may lead to a further fragmentation and incoherency of the European aquis and may cause rifts within existing and proposed regulations in the field of antitrust law, unfair competition law and contract law.