Oireachtas Joint and Select Committees

Wednesday, 10 April 2024

Joint Oireachtas Committee on Agriculture, Food and the Marine

Antitrust Guidelines for Sustainability Agreements in Agriculture: Discussion

Ms Henrieta Jany-Roskova:

The agreements are contracts between the different market actors. Those would be enforced in the way that contracts are enforced, depending on the national system.

Moreover, one can benefit from this exclusion only if, for example, there is an agreement between the farmer and the shop that if the farmer does this, the shop will pay the farmer an additional premium or a certain price. If the shop does not do this, then, basically, the whole agreement collapses and, of course, the farmers may complain to the national competition authority. The nature of the agreement under Article 101 of the treaty, under competition rules, has been also dealt with and analysed with the European Court of Justice. There is case law and this is to be considered.