Abuse of Economic Dependence - The Centre for European Policy ...

38 A Gap in the Enforcement of Article 82
The amendments state that it shall be prohibited for a market participant
having a significant influence in the relevant retail market to abuse it, by
imposing or applying unfair or discriminatory trade provisions to other
market participants.
Abuse of significant impact may also occur as: 60
1) unfair or ungrounded share of responsibility about potential risks
between contract parties;
2) unfair or ungrounded application or imposition of payment terms for
goods being present in the store unless these payment terms are justified
due to promotion of new and unknown to the consumers goods in the
market;
3) unfair or ungrounded application or imposition of payment terms for
the conclusion of contract unless these payment terms are justified
thereof contract is being concluded with a new supplier which wherewith
has to be specially evaluated;
4) unfair or ungrounded application or imposition of payment terms for
supply of goods to the new store;
5) application or imposition of unfairly or unduly long terms of payment
for supplied goods.
F. Ireland
The provisions of section 15B of the Competition Act 2002, as inserted by
section 1 of the Competition (Amendment) Act 2006, prohibit certain
unilateral conduct by non-dominant undertakings, in the grocery sector,
which has as its object or effect the prevention, restriction or distortion of
competition in trade in any grocery goods. 61
60 ICN Kyoto-ASBP.
61 A ‘grocery goods undertaking’ means any undertaking (other than in the restaurant and
catering sector) engaged for gain in the production, supply or distribution of food or drink for
human consumption.
15B.—(1) Subject to subsection (5), a grocery goods undertaking shall not directly or indirectly
attempt to compel or coerce another grocery goods undertaking, whether by threat, promise
or any like means, to resell or advertise for resale any grocery goods at—
(a) a price fixed directly or indirectly by the first mentioned grocery goods undertaking, or
(b) a price above a minimum price fixed directly or indirectly by the first mentioned grocery
goods undertaking.
(2) Subject to subsection (5), a grocery goods undertaking shall not apply dissimilar conditions
to equivalent transactions with any other grocery goods undertaking.
(3) Subject to subsection (5), a grocery goods undertaking shall not directly or indirectly
compel or coerce, whether by threat, promise or any like means, another grocery goods undertaking
to make any payment or grant any allowance for the advertising or display of grocery
goods.
(4) Subject to subsection (5) and without limiting the generality of subsection (3), a retailer