Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Act 4 April 2019 extended the prohibition of misleading and aggressive commercial practices, initially reserved to B2C relations, to B2B relations (New Sections VI.104/1 et seq. of the CDE, which entered into force on 1 September 2019). The aim of the rules is to prohibit an undertaking from using misleading or aggressive commercial practices to lead a partner to adopt a commercial decision wh …

Unfair market practices

The Act 4 April 2019 extended the prohibition of misleading and aggressive commercial practices, initially reserved to B2C relations, to B2B relations (New Sections VI.104/1 et seq. of the CDE, which entered into force on 1 September 2019). The aim of the rules is to prohibit an undertaking from using misleading or aggressive commercial practices to lead a partner to adopt a commercial decision which he/she would not have otherwise adopted.

The Act of 4 April 2019 also introduced the prohibition of unfair terms in B2B relations. The relevant provisions will enter into force on 1 December 2020.

Under new Section VI.91/3 of the CDE, clauses that create a manifest imbalance between the rights and obligations of the parties are deemed to be unfair. Abuse is assessed taking into account the nature of the products which are the subject of the contract in the light of the circumstances surrounding its conclusion, the general balance of the contract, business custom, other terms of the contract or those of a contract on which it depends.

However, where the terms of the contract are drafted in a clear and comprehensible manner, unfairness may not be assessed with regard to the definition of the main subject matter of the contract or the adequacy of the price or remuneration for the products at issue.

Section VI.91/4 sets a list of terms irrefutably deemed unfair terms (e.g. potestative clauses, terms conferring on one party a unilateral right to interpret the contractual provisions) whereas Section VI.91/5 provides a list of 8 terms only presumed to be unfair (e.g. clauses allowing a partner to unilaterally modify the price, features or conditions of the contract without valid grounds).

Global Competition Law

37. Unfair market practices

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

37. Unfair market practices

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise