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Legal protection options for suppliers
Suppliers affected by unfair trading practices and organisations with a legitimate interest can contact the BLE to file a complaint or submit information (also anonymously).
Complaints
Suppliers affected by unfair trading practices may file a complaint with the BLE. The same right of complaint is available, at the request of the supplier, to associations of which the supplier is a member and, at his or her request, to organisations that have a legitimate interest in representing the supplier. Such organisations are, for example, district farmers' associations with legal capacity and other producers' associations with legal capacity at state or federal level. Cross-market level associations (e.g. trade associations), on the other hand, have no right of complaint because they lack a legitimate interest to (solely) represent suppliers.
In order for the BLE to be able to investigate, the complaint should set out which prohibited trading practices the buyer is alleged to have violated in their dealings with the supplier. At the very least, the complainant should provide as much detail as possible about the buyer's behaviour. Evidence of the possible violation such as minutes, contract confirmation, bank statements, etc. is welcome to be submitted.
Complaints can be submitted informally (e.g. by telephone, mail, fax or e-mail). Apart from that, the BLE also provides an online-form.
After a complaint has been filed, the BLE will examine whether there is an initial suspicion of a violation of the prohibition of unfair trading practices and whether it is going to initiate proceedings in this regard. The BLE will keep the complainant informed about the status, progress and outcome of their complaint. If the BLE initiates proceedings, it may conduct further investigations to clarify the facts. If the BLE is satisfied that a violation of the prohibition of unfair trading practices has occurred, it will issue appropriate orders to remedy the violation and prevent future violations. In addition, the BLE can also impose fines on buyers who have violated the prohibition of unfair trading practices.
Anonymous tips
Apart from the option of filing a complaint with the BLE, there is also the possibility of submitting anonymous tips on unfair trading practices to the BLE via an online tip-off system.
If an anonymous tip is submitted and there is sufficient initial suspicion, the BLE can, ex officio, initiate proceedings and, if necessary, further investigations (e.g. on-site inspections or requests for information).
You can access the anonymous tip-off system here: https://www.bkms-system.com/utp.
