B2B unfair trade practices and EU competition law

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Sammanfattning

EU competition law appears to interpret fairness in B2B trade relations as "equal opportunities to trade" for market actors. A positive and pragmatic inquiry into the relevant regulations, cases and doctrines support that approach. This contribution suggests a new definition for these practices under EU competition law. Accordingly, any trade practice representing supremacy in bargaining power - usually dominance - and distorting the equal opportunity to trade of one or more trading partners could be conceived as unfair trade practices (UTPs) under EU competition law. Thus, these practices restrict competition according to EU competition law. Indeed, the EU Commission, Parliament and many Member States have emphasized the restrictive effects of UTPs even when practised by non-dominant undertakings. UTPs could include all kinds of trade practices toward trading partners, regardless of the industry and environment in which they occur, whether online or offline. This definition can also relieve competition lawyers from inefficient exploitative/exclusionary abusive conduct divisions.© 2018 Informa UK Limited, trading as Taylor & Francis Group.
Originalspråkengelska
TidskriftEuropean Competition Journal
Volym14
Utgåva2-3
Sidor (från-till)305-341
Antal sidor37
ISSN1744-1056
DOI
StatusPublicerad - 2018
MoE-publikationstypA1 Tidskriftsartikel-refererad

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