On 29 June 2026, the website of the Commission for Protection of Competition published Guidelines further regulating unfair trading practices.

In brief, the Guidelines further elaborate on unfair trading practices included on the black and grey lists, as well as commercial retaliation, thereby specifying the provisions of the new law and their scope of application. In addition, the Guidelines further regulate the circumstances that the Commission will particularly take into account when assessing the existence of unfair trading practices in accordance with the new Law on Trading Practices for Certain Types of Products.

These Guidelines will enter into force on 4 July 2026.

Below, we highlight and present the provisions of the Guidelines which, having regard to our previous cooperation regarding the implementation of the new Law, may be of particular relevance for your business, and which further elaborate on the statutory provisions.

UNFAIR TRADING PRACTICES – BLACK LIST:

Unilateral modification of contractual terms by the buyer

The terms of contract modification must be the result of mutual agreement and expressed in written form before the modification takes effect. A unilateral modification is considered any change imposed without genuine negotiations and supplier consent. Consent given out of fear of losing shelf space does not render the modification permissible.

When assessing the existence of this practice, it is relevant whether the changes were introduced through the buyer’s general terms and conditions over which the supplier has no influence, as well as whether there is evidence of genuine negotiations and other relevant circumstances.

Charging costs of handling consumer complaints

The Commission distinguishes the following situations:

• The supplier is responsible for the cause of the complaint resulting from: hidden defects in the product, incorrect specifications, or non-compliance at the time of delivery
• The supplier is not responsible for complaints arising from: consumer remorse, damage to goods during in-store display, theft of part of the goods, or improper storage

It is prohibited to charge suppliers a lump-sum fee for each complaint regardless of its cause, to invoice return logistics costs to the supplier, or to request reimbursement of replacement costs where the supplier is not responsible for the defect.

Requests for payment or delivery of goods due to expansion or restructuring of the buyer’s sales network

The following shall be considered unfair trading practices:

• Imposing an obligation on the supplier to participate in costs of sales network expansion, such as opening fees, renovation, equipment, or modernization costs
• Requesting free delivery of goods from the supplier in order to fill shelves due to expansion or restructuring of the sales network

The Commission will particularly take into account the temporal connection between such requests and planned or implemented expansion, as well as whether continuation or expansion of cooperation is conditioned upon such requests.

UNFAIR TRADING PRACTICES – GREY LIST:

Charging fees for product display at the point of sale

Charging a fee for ordinary and reasonable product display shall be considered unfair trading practice.

ORDINARY AND REASONABLE DISPLAY OF PRODUCTS includes:

• Placement of products in the appropriate category
• Regular shelf replenishment
• Maintaining orderliness
• Ensuring product visibility and availability
• Price labeling and signage
• Product rotation in accordance with expiry dates

Additional promotional display is any display exceeding ordinary and reasonable display. Charging a fee for such additional promotional display is compliant with the Law only if:

• The supplier requested the service of additional promotional display
• The fee is proportionate, based on actual costs or objective pre-defined criteria, and reflects real market value

When assessing this practice, the Commission will consider the type of display, whether it was requested, pricing criteria and proportionality, frequency, and whether it is mandatory.

Listing fees (fees for product inclusion in the assortment)

Charging fees for the following activities shall be considered unfair trading practice:

• Inclusion of products in the buyer’s market offer
• Administrative costs related to initiation of cooperation
• Product entry into the buyer’s system (item creation, coding)
• Repeated listing fees for the same product delisted and relisted

A listing fee shall not be considered unfair if:

• The supplier requested the listing service
• It concerns a product newly introduced into the retailer’s assortment (or a new sales format product); a product is not considered new solely due to changes in EAN or packaging
• The fee is proportionate, based on actual costs or objective criteria, and reflects real market value
• The fee is one-off

When assessing the existence of this practice, particular consideration is given to whether the product is already included in the assortment or whether it is a new product, the amount of the fee, the costs included in the calculation of the fee, and other relevant circumstances.

Passing on promotional costs to the supplier

Passing on promotional costs to the supplier shall not be considered unfair if:

• The supplier requested the promotion
• The buyer specifies the duration of the promotion and the expected volume of discounted sales

The supplier participates in promotional costs where it is the initiator and is informed of duration and expected volume.

Charging for buyer’s personnel costs and related activities

Charging suppliers for costs of the buyer’s personnel, such as equipment, store maintenance, assortment reorganization, or routine upkeep of sales areas, constitutes unfair trading practice.

Such charges will not be considered unfair only if they are requested by the supplier, proportionate and based on actual costs or objective pre-defined criteria

Significant reduction in orders or contracted quantities

A significant reduction is defined as a reduction exceeding 20% compared to average monthly orders in the previous period or agreed quantities.

The buyer must notify the supplier at least 30 days before the next delivery, unless justified by objectively verifiable reasons (market changes, force majeure, extraordinary circumstances, etc.).

Requests for additional bonuses and payments during contract performance

All supplier obligations, including bonuses, rewards, gifts, donations, sponsorships, and other payments, must be clearly defined in advance in the contract.

Obligations must be known at the time of contract conclusion so that the supplier can incorporate them into pricing decisions.

PROHIBITION OF COMMERCIAL RETALIATION

Any form of commercial retaliation or threat of retaliation by the buyer against a supplier for exercising its contractual or legal rights, or for refusing formal or informal offers and conditions, shall be considered an unfair trading practice.

When assessing this practice, the Commission will analyze temporal connection between supplier actions and buyer measures, written or verbal warnings, threats, or pressure, changes in business practice directed only at a specific supplier or other circumstances indicating retaliation or threat thereof.