PRACTICES - SUPPLIER RETALIER RELATION SHIPS - 17 EUROPEAN REGIMES

Regulation of the supplier-retailer commercial relationships : An overview of 17 European countries regimes

This article presents the results of a survey made by the French Competition Council for the working group presided by Marie-Dominique Hagelsteen on the negotiability of general terms of sales between suppliers and retailers. It shows that although some countries are concerned about potential abuses of buyer power by large retailers, none of them (except Portugal and France) goes as far as prohibiting discrimination between retailers per se (unless justified by proportionate counterparts). In general, such discriminatory strategies are dealt with only by competition law and it does not seem that such a treatment raises specific difficulties. The survey also allows a more general comparison of the European legislations regarding the major aspects of the supplier/retailer commercial relationships, notably the prevention of buyer power abuses and rules regarding resale at a loss.

Table available in the pdf version.

1. In October 2007, the French Ministry of the Economy set up a working group presided by the former President of the Conseil de la Concurrence, Marie-Dominique Hagelsteen, to investigate whether and how the current legislative ban on discriminatory practices should be lifted . To gather information upon the legislations of other industrialized countries, a questionnaire was devised by the economic service of the French Competition Council, which also considered other related practices such as below-cost pricing and abuses of buyer power. 2. The questionnaire summarized in the first column of table 1 was sent to all the competition authorities of the European Competition Network. Answers were received from the competition authorities of the following countries : Cyprus, Czech

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Auteur

  • French Competition Authority (Paris)

Citation

Etienne Pfister, Regulation of the supplier-retailer commercial relationships : An overview of 17 European countries regimes, septembre 2008, Revue Concurrences N° 3-2008, Art. N° 21316, www.concurrences.com

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