Supply chain: Tackling unfair trading practices 2600-MSz2SCen

The course provides an overview of vertical business practices that aim at imposing unfair conditions on another party and are a result of significant differences in bargaining power. Students will acquire insight into legal measures that can be taken by victims of unfair practices. Participants will gain an overview of the latest trends and challenges shaping the supply chain, with a specific focus on food supply chain. This include analysis of unfair trading practices supported by case law from EU Members States. Unfair trading practices will extend to unfair competition and prohibited conduct in the form of trade secrets infringements and misleading advertising. The course presents also unfair practices from the perspective of the consumer, covering topics such as unfair contract terms, influencer marketing or pricing transparency. Additionally, the course analyzes the prohibited harmful practices in the digital environment and other specific sectors.

Course coordinators

Katarzyna Dziewanowska
Magdalena Knapp

Type of course

elective courses

Mode

Remote learning

Learning outcomes

After completing the course, the student:
K_W01 – explains and analyzes the dynamics of relationships between entrepreneurs in the supply chain, which may lead to the occurrence of unfair commercial practices.
K_W02 – identifies and discusses the most common unfair commercial practices on the market; explains their operating mechanisms.
K_W03 – indicates and understands the provisions of the most important legal acts related to unfair commercial practices.
K_U07 – identifies legal remedies available to parties affected by unfair commercial practices and is able to properly apply them in professional practice.

Assessment criteria

Assessment methods and criteria include:
- students’ presence in the classes (40%);
- active participation in the classes; oral or written (60%).

Practical placement

Bibliography

 OECD (2023) Towards resilient food systems, OECD Food, Agriculture and Fisheries Papers, https://www.oecd.org/publications/towards-resilient-food-systems-f7998e46-en.htm;
 Knapp M. (2020) Protection of a Weaker Party in Public Interest – Material Scope of the Directive on Unfair Trading Practices in Business-to-Business Relationships in the Agricultural and Food Supply Chain, Public Governance, Administration and Finances Law Review vol. 5(1), pp. 62-72;
 Steennot R. (2015) Public and Private Enforcement in the Field of Unfair Contract Term, European Review of Private Law Vol. 23(4), pp. 589-619;
 Stuyck J., Terryn E. , Dyck van T. (2006) Confidence through fairness? The new Directive on unfair business-to-consumer commercial practices in the internal market, Common Market Law Review Vol. 43(1), pp. 107-152;
 Narciso M. (2022) The Unfair Commercial Practices Directive – Fit for Digital Challenges?, Journal of European Consumer and Market Law, Vol. 11(4), pp. 147 – 153;
 Twigg-Flesner C (2018) The EU’s Proposals for Regulating B2B Relationships on online platforms Transparency, Fairness and Beyond, Journal of European Consumer and Market Law Vol. 7(6), pp. 222-233.

Term 2025Z:

OECD (2023) Towards resilient food systems, OECD Food, Agriculture and Fisheries Papers, https://www.oecd.org/publications/towards-resilient-food-systems-f7998e46-en.htm;
Knapp M. (2020) Protection of a Weaker Party in Public Interest – Material Scope of the Directive on Unfair Trading Practices in Business-to-Business Relationships in the Agricultural and Food Supply Chain, Public Governance, Administration and Finances Law Review vol. 5(1), pp. 62-72;
Steennot R. (2015) Public and Private Enforcement in the Field of Unfair Contract Term, European Review of Private Law Vol. 23(4), pp. 589-619;
Stuyck J., Terryn E. , Dyck van T. (2006) Confidence through fairness? The new Directive on unfair business-to-consumer commercial practices in the internal market, Common Market Law Review Vol. 43(1), pp. 107-152;
Narciso M. (2022) The Unfair Commercial Practices Directive – Fit for Digital Challenges?, Journal of European Consumer and Market Law, Vol. 11(4), pp. 147 – 153;
Twigg-Flesner C (2018) The EU’s Proposals for Regulating B2B Relationships on online platforms Transparency, Fairness and Beyond, Journal of European Consumer and Market Law Vol. 7(6), pp. 222-233.

Term 2026Z:

Notes

Term 2026Z: