| Abstract [eng] |
The problem of unfair practices of the retail companies (abuse of buyer power) at present is a very important issue in Lithuania – recently (2009 03 12) a conception of a new law on prohibition of retail companies’ unfair practices was announced. Discussions on abuse of buyer power are still continuing in other countries too. A concern is showed to the situations when retailers are able to threaten their business partners – manufacturers and suppliers – significant losses, at the same time experiencing relatively no losses themselves. The buyer power supposedly occurs because of many objective circumstances and most often a company may have buyer power without holding a dominant position in the market. The accumulated buyer power is likely to be unfairly used (abused) by the retailers. Manny different ways to abuse a buyer power, mostly related to unreasonable demands or fees are listed in other countries. Most of these practices are held being obstructive to competition, contradicting the public interest, harmful to users and other participants of the market. In Lithuania this problem is also raised more and more often, the producers and retailers complain about unfair actions of retailers. Meanwhile there is no legislation in Lithuania designed to cope with the problem of abuse of buyer power, although some of the existing laws can be partly used for this matter. After the analysis of positions of European Union and examples of such countries like Canada, United Kingdom, Germany and Latvia, it can be stated that abuse of the buyer power is concern raising problem and different countries use different instruments to solve it. In Lithuania we also recommend to perform exhaustive research of the extent and manifestations of this problem and to create a legally binding law intended specifically to deal with abuse of buyer power. It should be aimed at the companies, which have the biggest buyer power in the market and may abuse it. According to the results of the research the act should contain an exhaustive list of forbidden practices and an effective mechanism for the defence of infringed rights. It is also very important to observe changes in the market and to adjust the regulation accordingly. |
