Diederik Schrijvershof and Tess Heystee have written an article titled Sustainability in the agricultural and food supply chains and the market power of retailers: an unhappy marriage. Can competition law offer a solution? for the Tijdschrift voor Agrarisch Recht. Their article addresses the consequences of (i) the Wet oneerlijke handelspraktijken landbouw- en voedselvoorzieningsketen (Unfair Commercial Practices in the Agricultural and Food Chain Act – the Act), (ii) the prohibition of abuse of a dominant position in the agri-food sector, (iii) sector-specific adjustments to the prohibition of abuse, such as a prohibition of abuse of economic dependency, (iv) a prohibition of selling below cost price, and (v) the leeway for producer organisations and cooperation in horizontal and vertical sustainability initiatives.
Diederik Schrijvershof and Tess Heystee previously wrote an article on the Act in the Nederlands tijdschrift voor Europees recht. That article described, among other things, the enforceability of the Act, as well as the practical objections in cross-border cases. The possibilities for the Dutch legislature to take further action were also discussed. The article furthermore addressed the possible success of the Act, also in light of the crucial role that ACM (the Netherlands Authority for Consumers and Markets) will play (and will have to play) in the enforcement of the Act. More information on the Act can be found in this blog and this blog. More information on the supervision of the market power of retailers and the action 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 the formation of cooperatives in the agri-food sector and their members is addressed here. This blog explains the possibilities and impossibilities of (sector-wide) cooperation in sustainability agreements.
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