“Current Developments in the Implementation of the Unfair Trading Practices Act” at the Law Faculty in Osijek

“The most common infringements of the Act on the prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) are payment deadlines exceeding 30 days for perishable agricultural products and 60 days for other agricultural products, as well as incomplete or imprecise provisions in written contracts, general terms of business, or undefined delivery locations.”

On 2 October 2024 a conference was held at the Faculty of Law in Osijek, organized jointly by the Croatian Competition Agency (CCA) and the Faculty of Law in Osijek, with whom the CCA has a cooperation agreement. The conference, structured into two panels, focused on the CCA enforcement powers under the UTPs Act, the implementation practices since its adoption, the benefits introduced by the UTPs Act, its amendments, the most common unfair trading practices, and case studies from the field.

In her opening speech, Mirta Kapural, PhD, president of the Competition Council, emphasized that the application of the UTPs Act in Croatia has brought a number of positive changes in business practices between traders, buyers, and suppliers of agricultural and food products. These changes include increased legal certainty through mandatory contract content and format, invoicing rules, the application of general business terms, and the introduction of financial discipline by adhering to prescribed payment deadlines.

Opening remarks were also delivered by professor Tunjica Petrašević, PhD, dean of the Faculty of Law in Osijek, Marina Rožić, secretary general of the Croatian Chamber of the Economy, Irena Weber, director general of the Croatian Employers’ Association, and Mladen Pavić, state secretary in the Ministry of Agriculture, Forestry, and Fisheries.

The first panel, entitled “What has the Act on the prohibition of unfair trading practices in the business-to-business food supply chain brought in practice?” was moderated by Sandra Mikinac, member of the Competition Council. The panel participants included Mladen Jakopović, president of the Croatian Agricultural Chamber, Božica Marković, head of the Department for Fisheries and Wood Processing Industry at the Croatian Chamber of the Economy, and Juraj Orenda, head of the Wine and Market Organization Department at the Ministry of Agriculture, Forestry, and Fisheries. Based on the direct interaction with their members—suppliers and buyers of agricultural and food products, the panellists shared their insights about the positive effects of the UTPs Act and provided suggestions for further improvements in practice, particularly through better communication between the stakeholders, professional organizations, economic interest groups, and the relevant ministries and public administration authorities.

The second panel, entitled “Unfair Trading Practices and Case Studies,” was moderated by attorney at law Sanja Mišćević, with participants including Andrej Matvoz, president of the Slovenian competition authority, Martin Evačić, director of NTL, and Anja Šupraha Čančar, senior legal advisor in the CCA Unfair Trading Practices Legal Issues Department.  This panel focused on specific cases, most frequent infringements, fines imposed for the infringements of the UTPs Act, court decisions, and further opportunities for improving both the legislative framework and its implementation.  It was agreed that the aim is to strengthen fair trading practices that protect participants in the supply chain of agricultural and food products, particularly suppliers and producers as parties of weaker bargaining power.