Guidelines on the Danish UTP Act (only available in Danish)
The purpose of the guidelines is to provide an overview of the regulation including a number of specific examples explaining how the regulation shall be applied and what constitutes unfair trading practices. In addition, the guidelines provides an indication on how the Danish Competition and Consumer Authority expects to enforce the regulation and gives guidance on how to submit a complaint.
The Danish UTP Act regulates trade between buyers and suppliers in all stages of the supply chain, meaning that e.g. primary producers, manufacturing companies, distributors and retailers must apply the provisions in the Act if the conditions are met.
Consumers' purchases of agricultural and food products are not regulated by the law.
The Danish UTP Act regulates agreements between suppliers and buyers of agricultural and food products, regardless of the size of the companies and their relative bargaining power. In relation to the rules on maximum payment deadlines in sections 3 and 4 of the Danish UTP Act, certain exceptions apply to small buyers with an annual turnover of 2 million euros or less and for large suppliers with an annual turnover of more than 350 million euros.
The Danish UTP Act transposes the Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (the UTP Directive). The UTP Directive bans specific types of unfair trading practices. The Directive distinguishes between “black” and “grey” practices. Black unfair trading practices are mandatory and cannot be derogated, grey practices are allowed if the supplier and the buyer agree on them beforehand in a clear and unambiguous manner.
See also an overview of the rules here (pdf version for possible print – only available in Danish)