established the role of the Grocery Code Adjudicator (henceforward: the Adjudicator) , The Adjudicator supervise the implementation of the Grocery Supply Code of Practice (henceforward: GSCOP) which is legally binding for the ten largest supermarket retailers in the UK . The GSCOP proscribes the rules for fair conditions and collaboration in contracts between suppliers to retailers. It, also, proscribes rules on modification of conditions in supply agreements, such as prices, payments, etc.
The unfair contract terms in B2B relations are stipulated in the Unfair Contract Terms Act in a way that the Act proscribes the required conditions which make the contract terms reasonable, which further implies that it gives the negative definition of the unfair contract terms. In other words, everything that is not listed as a “reasonable” automatically is classified as an unfair contract term.
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For combating UTP on EU level, the European Commission introduces Green Paper on unfair trading practices in the Business-to-business food and non-food supply chain in Europe (henceforward: The Green Paper), but, the UK Government in its response to The Green Paper gave thoroughly explanation why is harmonization of the European law for them basically “impossible” to conduct.
Considering that the first of the listed problems in their response was that they are not sure how to deal with the non-existent concepts of “good faith” and “fair dealing” in the UK contract law, it is obvious that it has to do with the politics and not with the existing problems of unfair trading practices. The main issue is that the EU would have more powers in the UK, which threatens the UK independent position within the