As from 1 September 2019 the prohibition of unfair market practices, which applies to consumers (B2C), is now being extended to B2B relations.

1. What are unfair market practices in the B2B context?

These are misleading and aggressive market practices and all practices that favor acts that must be considered as a breach or infringement of the Code of Economic Law.

If a company or business receives incorrect information and therefore is or is likely to be mislead with respect to a number of elements, which leads or is likely to lead to a decision on a transaction that one would not have taken otherwise, there is a misleading market practice. Withholding essential information (misleading omission) is also prohibited.

More Information about the elements about which entrepreneurs must provide each other with correct information is available in an  earlier article  on our website.

In addition, if harassment, coercion, physical violence or inappropriate influence is involved, there may be aggressive market practices. This is about practices that significantly restrict the freedom of choice or conduct with regard to a product and, therefore, leads or is likely to cause one to make a decision that one would not have made otherwise.

From now on, companies and businesses in general, have an interest in properly documenting all their actions vis-à-vis other companies and businesses.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.