Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

An anticompetitive agreement is any contract, agreement, concerted practice or parallel action between two or more companies that prevents, restricts or disrupts competition or has the potential to give rise to one of these effects. The object or effects of the agreement can be anticompetitive.
Anticompetitive agreements include horizontal anticompetitive agreements, i.e. agreements between compan …

The prohibition

An anticompetitive agreement is any contract, agreement, concerted practice or parallel action between two or more companies that prevents, restricts or disrupts competition or has the potential to give rise to one of these effects. The object or effects of the agreement can be anticompetitive.

Anticompetitive agreements include horizontal anticompetitive agreements, i.e. agreements between companies that provide for goods or services that are similar or substitute in the production chain and vertical anticompetitive agreements, i.e. agreements between companies at different stages of the production chain.

Competition law prohibits concluding anticompetitive agreements. Section 47 of Decree No 2153 of 1992 defines the typical anticompetitive agreements as any agreement concluded with any of the following objectives or effects:

- establishing discriminatory sales or marketing conditions;

- market-sharing between producers or suppliers;

- allocating of quotas between producers or suppliers;

- allocating, limitation or distribution of raw materials or inputs required for production;

- conditioning the supply of products upon the acceptance of additional obligations, limiting production in order to affect the product's production levels;

- colluding in tender offers or agreeing on the allocation of contracts, tender offers or to offer the same terms in a bidding; or

- obstructing or blocking access to a market or a distribution channel.

Colombian legislation sets no thresholds for market shares or thresholds of any other kind for purposes of enforcing competition rules, and the Superintendency of Industry and Commerce (SIC) may abstain from taking action in cases deemed insignificant, pursuant to the 1992 Decree whereby the SIC is only required to pursue antitrust complaints that are “significant” or “important”. This rule may in effect involve a de minimis criterion that avoids extending the presumption of Sections 47 and 48 to cases that have no significant impact on market competition because of low market shares.

Global Competition Law

939. The prohibition

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Les notions juridiques connexes

939. The prohibition

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise