When the special regime applies
Application depends on the products, the parties’ supply-chain positions and generally their relative turnover. The law establishes bands and specific rules, including certain relationships with public authorities.
These checks should precede reliance on a prohibition. Agricultural producers, distributors and retailers may play different roles in different contracts, and a difference in economic size does not replace statutory criteria.
Payments and changes to the commercial relationship
Payment periods, order cancellation, unilateral changes and certain costs shifted to suppliers are regulated. The law distinguishes prohibitions from special situations under Article 4, where both a supplier’s request and prior agreement in clear, unambiguous terms matter.
A clause in a buyer’s general terms must be assessed against the applicable rule. Signing does not validate prohibited conduct, but neither can every promotional charge or commercial service be classified without examining the circumstances.
Product listing and negotiation
Suppliers should distinguish freedom to negotiate from prohibited conditions. Refusing to contract does not automatically breach Law No. 81/2022. A complaint requires facts within the scope of the rule relied on.
The contract should clarify products, quantities, acceptance, quality standards, delivery records, price and any additional services. For perishables, evidence of deadlines and order changes is particularly important.
Documentation and remedies
Keep contracts, annexes, orders, invoices, acceptance documents, notices and correspondence about charges, returns or discounts. Transaction-level records help distinguish an ordinary commercial disagreement from prohibited conduct.
The Competition Council is the statutory enforcement authority. Administrative action and recovery of money or damages should be coordinated around the objective. A regulatory complaint does not automatically replace all available contractual claims.
Murar și Asociații assists producers, suppliers and agri-food businesses in negotiating contracts, reviewing commercial terms and resolving disputes. Support schemes and temporary relief require separate checks against the programme and relevant period.
Useful questions
Does the law require a supermarket to list my products?
It does not create a general right to a contract. It protects against prohibited conduct within the relationships and conditions defined by law.
Does it apply to every relationship between two food businesses?
Not automatically. Statutory definitions, turnover, supplier or buyer roles and special transaction rules matter.
Legal sources
- Law No. 81 of 11 April 2022 on commercial relations in the agricultural and food supply chain — Articles 1–5: scope, prohibitions and exceptions; Articles 6–11: authorities, complaints, measures and court access.
- Directive (EU) 2019/633 of 17 April 2019 — Articles 1–3, 5–6 and 9: scope, prohibited conduct, complaints and national protection.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.