Rethinking unfair trading practices in agriculture and food supply chain: the Croatian perspective (CROSBI ID 709879)
Prilog sa skupa u zborniku | izvorni znanstveni rad | međunarodna recenzija
Podaci o odgovornosti
Butorac Malnar, Vlatka ; Braut Filipović, Mihaela ; Zubović, Antonija
engleski
Rethinking unfair trading practices in agriculture and food supply chain: the Croatian perspective
In recent years, the need for a systematic and harmonised way of preventing unfair trading practices (hereinafter UTPs) in the food supply chain has intensified at the European level due to many diverging national legislative solutions. These efforts resulted in the Directive 2019/633 on unfair trading practices (UTPs) in business-to- business relationships in the ag-ricultural and food supply chain. Croatian UTPs Act, enacted already in 2017, was just amended to conform with the requirements of the named Directive. Generally speaking, the UTPs Act sets out rules and measures to prevent the imposition of UTPs in the food supply chain, establishes the list of such practices and sets up the enforcement structure and sanctions. Comparing the Directive to the UTPs Act, the authors discuss the outcome of the transposi-tion pointing to the incorrect scope of application of the national legislation, its potential consequences and de lege ferenda solutions. Further, the authors anlyse the legal nature of the adopted UTPs system concluding that it does not fit into the traditional systematisation of laws jeopardising the coherency of the intricate and complex relationship between relating legisla- tive frameworks. New rules are diverging and overlapping with both competition and contract law, leading to possible undesirable spill over effects in contract law, and unresolved concurring competence with competition law. Authors suggest precautionary interpretative measures as a means of solving the identified legal conundrum.
food supply chain, Directive 2019/633, unfair trading practices, UTPs
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Podaci o prilogu
2-28.
2021.
objavljeno
10.25234/eclic/18812
Podaci o matičnoj publikaciji
Erceg, Aleksandar ; Akšimović, Dubravka
Osijek: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
978-953-8109-40-9
2459-9425
Podaci o skupu
International Jean Monnet Module Conference of EU and Comparative Competition Law Issues: Competition Law (in Pandemic Times): Challenges and Reforms
predavanje
13.05.2021-14.05.2021
Osijek, Hrvatska