On 29 June 2026, the Commission for Protection of Competition published the Guidelines Further Regulating Unfair Trading Practices.

The Guidelines provide further clarification of the unfair trading practices included on the black and grey lists, as well as the concept of commercial retaliation, thereby specifying the provisions of the new Law on Trading Practices and the criteria that the Commission will apply when assessing such practices.

The Guidelines enter into force on 4 July 2026.

UNFAIR TRADING PRACTICES – BLACK LIST

Unilateral modification of contractual terms by the buyer

Any amendment to a contract must be based on the mutual consent of both parties and concluded in writing before it takes effect. Any amendment imposed without genuine negotiations and the supplier’s free consent constitutes an unfair trading practice.

Charging the supplier for consumer complaint handling costs

Complaint handling costs may be passed on to the supplier only where the complaint results from the supplier’s responsibility (e.g. hidden defects or defects existing at the time of delivery). Charging the supplier a flat fee for every complaint, regardless of its cause, is prohibited.

Requiring payments or the supply of goods in connection with the expansion of the buyer’s retail network

It is considered an unfair trading practice to require the supplier to finance the expansion, renovation or refurbishment of the buyer’s retail network, or to require the supplier to provide goods free of charge to stock shelves when new outlets are opened or existing ones are refurbished.

UNFAIR TRADING PRACTICES – GREY LIST

Charging storage fees

Storage fees may be charged only for additional storage services exceeding the ordinary storage services provided under the main agreement. The costs of ordinary storage of goods, from receipt until the products are placed on sale, constitute part of the buyer’s ordinary operating costs and may not be charged to the supplier.

Charging fees for product display at the point of sale

Charging a fee for the ordinary and reasonable display of products is not permitted.

Ordinary and reasonable product display includes placing products in the appropriate category, regular shelf replenishment and maintenance, ensuring product visibility and availability, displaying prices and labels, and rotating products according to their shelf life.

Fees for additional promotional display are permitted only where the supplier has requested such services and the fee is proportionate to the actual costs incurred or based on objective market criteria.

Listing fees

Charging a fee for the ordinary introduction of products into the buyer’s system or for relisting the same product constitutes an unfair trading practice. A listing fee is permissible only for a new product, provided that it was requested by the supplier, is charged only once, and is based on actual costs or objective criteria.

Passing on the costs of sales promotions to the supplier

The costs of sales promotions may be passed on to the supplier only where the supplier initiated the promotion and was informed in advance of its duration and the expected sales volume.

Charging fees for the buyer’s personnel costs and related activities

Charging the supplier for the buyer’s ordinary personnel activities (such as shelf replenishment, maintenance of sales areas, or assortment reorganization) constitutes an unfair trading practice, unless the supplier requested those services and the fee is proportionate to the actual costs incurred.

Significant reduction of orders or contracted quantities

A reduction exceeding 20% compared to previous orders or the contracted quantity is considered significant. The buyer must notify the supplier at least 30 days in advance, unless justified by objective and verifiable reasons.

Requesting additional bonuses and other charges during contract performance

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

Such obligations must be known at the time the contract is concluded, enabling the supplier to factor them into its pricing and business decisions.

PROHIBITION OF COMMERCIAL RETALIATION

Any form of commercial retaliation, or threat of retaliation, against a supplier for exercising its contractual or statutory rights constitutes an unfair trading practice. When assessing the existence of commercial retaliation, the Commission will particularly consider the temporal connection between the supplier’s conduct and the measures taken by the buyer, as well as the existence of warnings, threats or other forms of pressure.