B2B legislation in the spotlight
The Belgian legislator has adopted a similar approach. In a Law of 4 April 2019, the latter recognises the existence of imbalanced bargaining positions, likely to lead to unfair practices in B2B commercial relations and the need to prohibit them or to frame their consequences.
The Law of 4 April 2019 targets and prohibits three main types of unfair practices in the Code of Economic Law:
It must be noted that the B2B protection regime is regardless of the size of the businesses involved (small to larger enterprises) and regardless of the nature and of the object of the commercial relations at stake (with a few exceptions).
Given its reach, it will significantly impact the way businesses organise their commercial relations in their contracts (unfair contractual terms) or otherwise (unfair market practices).
Our B2B legislation in the spotlight series uncovers the B2B protection regime fighting unfair contractual terms and unfair market practices, in a practical and sectorial approach, following a pattern of questions answered in a direct and succinct style.
In the spotlight guide, we give clients:
In the following editions of B2B legislation in the spotlight, we will focus on the impact of the B2B protection regime on the following sectors:
Find below an overview of all editions of the B2B legislation in the spotlight series (available to clients on our Knowledge Portal).
As part of our ‘B2B legislation in the spotlight’ series, we focus on provisions in key M&A transaction documents in this new publication. Although the new legal framework was not earmarked for an M&A context, its broad scope of application creates a potentially far-reaching impact on transaction documentation. Until the broad call for repair legislation to reduce its scope of application is answered, a period of legal uncertainty beckons.
As part of our ‘B2B legislation in the spotlight’ series, we focus on two grey list clauses deemed unfair in this new publication. As such, we focus on clauses requiring one party to commit itself contractually without providing for a reasonable termination period; and clauses exonerating one business of its, or its agents’, liability for fraud, gross misconduct or, except in the event of force majeure, for non-performance of essential obligations.
As part of our ‘B2B legislation in the spotlight’ series, we focus on a few unfair clauses of particular relevance for commercial and IP agreements in this new publication. From a commercial and IP law perspective, a number of agreements are likely impacted, including (but not limited to) agency, concession, distribution, franchise or other commercial cooperation agreements, settlement agreements, general terms and conditions, supply agreements, IP assignment or license agreements and IP security agreements.
As part of our ‘B2B legislation in the spotlight’ series, we focus on clauses of particular relevance in a dispute resolution context in this new publication. We discuss, among others, what constitutes a waiver by one contracting party of any legal remedy in the case of dispute; what an inappropriate exclusion or limitation of legal rights in the case of non-performance or inadequate performance is; and how to interpret an excessive penalty clause.
As part of our ‘B2B legislation in the spotlight’ series, we focus on the impact of the B2B protection regime on the real estate market in this new publication. Every contract, including a typical real estate contract, is susceptible to falling under the scope of the B2B protection regime. In our newsletter, we give a short overview of the main principles of the B2B protection regime, and focus on issues of particular relevance for the real estate sector.
As part of our ‘B2B legislation in the spotlight’ series, we focus on the impact of the B2B protection regime on the financial industry in this new publication. While, at first glance, the impact may seem limited given the broad financial services exemption, you will quickly understand that the financial industry will not entirely escape its reach. Through a series of questions and answers we help you find your way and assess whether and to what extent the regime will apply to your B2B relations and how this can be addressed in your daily practice.
Our ‘B2B legislation in the spotlight’ microsite is dedicated to the uncovering of the B2B protection regime fighting unfair contractual terms and unfair market practices in Belgium. In our first edition, we provide an overview of this already much-debated legislation.
