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markdownabstract__Abstract__ This article discusses whether EU economic law precludes national prohibitions of sales below cost. Following an overview of the 1993 Keck and Mithouard judgment and the 2001 and 2002 Proposals for a Sales Promotions Regulation, the article will highlight the pre-emptive effect of the 2005 Unfair Commercial Practices Directive 2005/29 on national prohibitions of sales below cost. In addition, the so-called 'convergence rule' of the 2003 Antitrust Regulation 1/2003, which inter alia does not apply to national prohibitions of sales below cost, will be discussed. Finally, this article will open up new avenues for further research on whether EU economic law should preclude national prohibitions of sales below cost

The marketing stage: fostering sustainable consumption choices in a “circular” and “functional” economy

status: publishe

Book review: Consumer Sales in Europe, by Giovanni De Cristofaro and Alberto De Franceschi (eds.) (Cambridge: Intersentia, 2016)

status: publishe

Book Review: Common European Sales Law Meets Reality, edited by Matthias Lehmann. (Munich: Sellier, 2014)

status: publishe

Book review: The Consumer Benchmarks in the Unfair Commercial Practices Directive, by Bram Duivenvoorde (Vienna: Springer, 2015)

status: publishe

De invoering van het Wetboek economisch recht en de nieuwe bevoegdheid van de Rechtbank van Koophandel

status: publishe

Unfair Trading Practices in the Food Supply Chain: Regulating Right?

This report examines the pending Proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain, and its proposed amendments. It provides a general overview of the current content of the Proposal and analyses the proposed rules from a legal perspective. We find that: (1) the CAP legal basis may prove insufficient for regulation that covers the entire agri-food chain; and may (2) result in a strained relationship with the competition and consumer acquis; (3) the empirical basis for the prevalence of unfair trading practices, and the effect of their prohibition is relatively dire, which results in uncertainty with regard to the achievement of the future UTPD’s intended effect and effectiveness; (4) the choice for specific targeted prohibitions instead of general umbrella clauses may lead to ad hoc regulation that leaves large loopholes; (5) the institutional enforcement mechanism makes it likely that the Proposal contributes to the foundation for a new area of EU law, which will increasingly regulate practices in business-to-business relationships

Unfair Trading Practices in the Food Supply Chain: Regulating Right?

status: publishe