The new Unfair Commercial Practices in the Agricultural and Food Supply Chain Act (the “Act”) entered into force on 1 November 2021. Diederik Schrijvershof wrote an article about the Act in the Nederlands tijdschrift voor Europees recht. The issues addressed in their article include the enforceability of the Act and the practical objections in cross-border cases, as well as the option available to the Dutch legislature to take more radical measures. The article also addresses the possible success of the Act, also in the light of the crucial role that ACM (the Netherlands Authority for Consumers & Markets) will play (or will have to play) in the enforcement of the Act.
More information on the Act can be found in this blog. More information on the supervision of the purchasing power of retailers and the enforcement measures taken by ACM against misleading sustainability claims in the agri-food sector can be found in this blog and this blog. The application of competition law to cooperatives in the agri-food sector and their members is discussed here.
The article on this subject can be found here.
