Home » News » Detail

BWB published a Guidance for fair conduct in business

In October 2018, the BWB has published a Guidance for fair conduct in business to inform market participants about the legal situation and to prevent breaches of good conduct.

Over the past few years, the BWB has repeatedly received complaints about business practices resulting from the economic imbalance among contracting parties in the supply chain. The design of terms and conditions is one of the main issues raised. However, quite often it is impossible to pin down these practices from an antitrust perspective.

Content

  • Business practices contrary to good conduct: information on how to evaluate corporate behaviour and on what is understood by good conduct.
  • Principles of interpretation facilitate the assessment of individual practices.
  • List of business practices that are deemed to be incompatible with good conduct, irrespective of their legal interpretation by the courts in the individual case.
  • Existing legislation: overview of various pieces of legislation including practical examples, which may facilitate the legal classification of individual cases.
  • Practical information: recommendations for companies that are affected by unfair practices.

Download