'Modern Trade' Association Calls for Withdrawal of Draft Methodology for Determining Fair Value of Goods

The NGO 'Modern Trade Association' is calling for the withdrawal of the draft methodology for determining the fair value of goods. This is stated in the association’s position on the draft, which was published for public consultation on 7 August 2026.

The methodology is intended to implement the latest amendments to the Consumer Protection Act, promulgated in June 2026.

The association says it supports the objectives of protecting consumers, limiting inflation and increasing market transparency, but argues that the proposed model contains a number of economic, legal, accounting and mathematical shortcomings.

According to the association, the methodology could become a form of administrative influence over pricing.

The Modern Trade Association also says that determining a “fair value” and introducing a deviation range of plus or minus 10% creates a risk that the reference value will be perceived as a de facto price benchmark by administrative authorities and consumers.

One of the main criticisms concerns the formula used to calculate the value. According to the association, the draft mathematically mixes indicators for margin and mark-up, while the examples average values with and without VAT, further distorting the result.

The Modern Trade Association also questions the use of uniform percentages for operating costs and profit, derived from data from other European markets.

The position also expresses concern that publishing individual prices charged by competitors alongside a calculated “fair value” could have a negative effect on competition.

The association further points out that the impact assessment accompanying the draft estimates the administrative burden on businesses at around €1.34 million. According to the Modern Trade Association, this cost should also be assessed in light of the period for which the legal provisions will be in force, which runs until 9 August 2027.

The association proposes that, if the draft is not withdrawn, it should be revised, with changes made to the calculation formula, the rules for determining European prices and the adjustment factor, as well as the criteria for selecting reference countries.

The organisation also insists that the “fair value” should be explicitly defined solely as an indicative indicator, exceeding which should not in itself constitute an administrative offence.