The article analyses the latest trends in the development of fair competition in the EU commodity markets. The author examines both the historical and legal foundations for the formation of the legal framework for protection against unfair competition in the markets, in particular, agricultural and food markets, and the need to implement EU competition law into the legal system of Ukraine.

It is noted that the European legal doctrine is based on a common understanding of the need to provide a flexible legal framework that allows legislation to keep pace with changing trade practices, market rules and customs. In order to protect the interests of honest entrepreneurs, states are obliged to provide effective protection against unfair competition.

Unfair competition rules should not serve to extend exclusive intellectual property rights beyond their scope and duration of protection. Nevertheless, they serve as incentives for individual owners to take advantage of exclusive rights. European competition law allows for selective interference with exclusive rights, as well as selective interference to avoid market failure, i.e., the rules of law on protection against unfair competition are aimed at optimising competition and preserving its benefits.

The article analyses the provisions of the EU Directives aimed at protecting weak suppliers from strong procurement organisations and applies to any suppliers of agricultural and food products with a turnover of up to EUR 350 million with differentiated levels of protection provided below this threshold. The study of the experience of protecting agricultural producers from unfair competition in the market is of paramount importance in view of Ukraine’s acquisition of the EU candidate status and the start of the EU membership negotiations.

The author analyses the latest proposal of the EU Commission to protect and strengthen the position of European farmers in the agri-food supply chain and to achieve a higher level of trust between the participants in this chain by: improving the rules for contracting between European farmers and buyers; introducing written contracts as a general obligation and improving the way in which long-term contracts take into account market developments, price fluctuations and economic conditions; and introducing mandatory mediation mechanisms.

Bibliography

Authored books

1. Kur A, Lee N, Tischner A, Fairness in intellectual property law: Searching for a uniform concept (Edward Elgar Publishing 2024).

Edited books

2. Bakalinska O, ‘Legal Mechanisms of Protection Against Unfair Competition in Ukraine – Prerequisites, Problems and Trends’, In: Richter H (ed), Competition and Intellectual Property Law in Ukraine. MPI Studies on Intellectual Property and Competition Law, vol 31 (Springer 2023) 221–229.

Journal articles

3. Ennan R, ‘Pravova okhorona intelektualnoi vlasnosti v Yevropeiskomu soiuzi: peredumovy formuvannia, suchasnyi stan, tendentsii rozvytku’ [2012] 13 Chasopys tsyvilistyky 110–119 (in Ukrainian).

Websites

4. Europeans, agriculture and the CAP. European Commission <https://europa.eu/ eurobarometer/surveys/detail/3226> (accessed 27.02.2025).

5. The Unfair Trading Practices Directive: A transposition and implementation guide (European Commission, August 2019) <https://www.organicseurope.bio/content/uploads/2020/06/ The-Unfair-Trading-Practices-Directive.pdf?dd> (accessed 27.02.2025).

6. Nardepy proponuiut udoskonalyty zakonodavstvo pro torhovelnu diialnist (Debet-Kredyt 17.09.2021) <https://news.dtkt.ua/state/laws-and-regulations/71994-nardepi-proponuiutudoskonalitizakonodavstvo-pro-torgovelnu-diialnist> (accessed 27.02.2025).