Directive 2019/633/EU

► Full reference: F. Cafaggi and P. Iamiceli, « La dimension systémique des pratiques commerciales déloyales dans les chaînes d’approvisionnement alimentaire : un point de vue sur la directive 2019/633/UE et sa transposition par les États membres » (The Systemic Dimension of Unfair Trading Practices in Food Supply Chains: A Perspective on Directive 2019/633/EU and its Transposition by the Member States), Revue internationale de droit économique, 2021/4, vol. XXXV, pp. 91-122; article largely based on “Unfair Trading Practices in Food Supply Chains. Regulatory Responses and Institutional Alternatives in the Light of the New EU Directive”, European Review of Private Law, vol. 27, no. 5, 2019, pp. 1075-1114. - ► Summary: the authors argue that unfair trading practices in supply chains have specific features which call for specific rules and remedies. They distinguish isolated practices, whose effects remain essentially within the bilateral contractual relationship, from systemic practices, whose effects spread directly or indirectly along the chain and have far more serious consequences, both distributive and exclusionary. Drawing on Directive 2019/633/EU on unfair trading practices in the agricultural and food supply chain and its transposition by several Member States, they build a conceptual framework to supplement European and national regulation with rules reflecting the chain dimension of these practices: systemic effects should be taken into account both in defining the prohibited practice and in choosing and shaping sanctions and remedies. Although Member States have rarely adopted these distinctions in transposition, they could play an important role before the courts when liabilities, sanctions and remedies must be determined. - 🦉 The article is available in full text to those registered in Professor Marie-Anne Frison-Roche’s courses.