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

Section 10 of the Competition Act prohibits all kinds of cooperation and concerted practices between undertakings which restrict competition. Section 12 extends the prohibition to decisions by associations of undertakings. The prohibition applies to restrictions on competition regardless of the form such restrictions take. Section 10 sets out a list of prohibited activities, which is practically i …

The prohibition

Section 10 of the Competition Act prohibits all kinds of cooperation and concerted practices between undertakings which restrict competition. Section 12 extends the prohibition to decisions by associations of undertakings. The prohibition applies to restrictions on competition regardless of the form such restrictions take. Section 10 sets out a list of prohibited activities, which is practically identical to that in Article 101(1) TFEU, applying to agreements which:

- directly or indirectly fix prices, discounts, margins or any other trading conditions,

- limit or control production, markets, technical development, or investment,

- apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage,

- made the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

Agreements infringing the provisions of the Competition Act are considered null and void (Section 33).

A de minimis rule, determined by reference to market share, is set forth in Section 13. Under this provision, the prohibition on agreements distorting competition does not apply to horizontal agreements where the combined market share of the parties does not exceed 5% or to vertical agreements where the combined market share does not exceed 10%. In the case of a mixed horizontal and vertical agreement or where it is difficult to classify the agreement, the 5% threshold is said to apply. Further, agreements will not be considered as coming within the prohibition set out at Section 10, even where the market share exceeds the abovementioned thresholds, if the market share of the undertakings does not exceed 5.5% in horizontal agreements or 11% as regards vertical agreements for two successive financial years.

    Agreements, statutes, concerted practices or decisions of undertakings or associations of undertakings prohibited by competition law may benefit from an exemption if the following conditions are simultaneously met:

1) They contribute to improving the production or distribution of goods or services, or promote technological and economic progress.

2)  They provide consumers with a fair share of the resulting benefits.

3) They do not impose restriction on the undertakings in question that are unnecessary for the achievement of set objectives.

4) They do not give the undertakings the opportunity to prevent competition in respect of a substantial part of the products or services in question.

  If the conditions fundamental to the granting of the exemption have substantially changed, the parties to the agreement have breached any of the conditions or obligations attached to the exemption or where the decision to grant the exemption was made on the basis of incorrect or incomplete information, the Office may revoke or amend the exemption.

  Section 15 also empowers the Competition Authority to publishes guidelines on exemptions.

In addition, as part of the EEA Iceland is bound by the provisions of Article 53 of the EEA agreement, which are a carbon-copy of Article 101 TFUE and has adopted a number of regulations transposing EU block exemption regulations. Such is the case of Regulation No 1272/2012 implementing Commission Regulation (EU) No 906/2009 on block exemption for certain categories of agreements, decisions and concerted practices between scheduled shipping companies (shipping companies); Regulation No 927/2010 implementing Commission Regulation (EU) No 330/2010 on block exemption for categories of vertical agreements and concerted practices; Regulation No 926/2010 implementing Commission Regulation (EU) No 267/2010 on block exemption for certain categories of agreements, decisions and concerted practices in the field of insurance; Regulation No 1273/2012 implementing Commission Regulation (EU) No 461/2010 on block exemption for categories of vertical agreements and concerted action in the field of motor vehicles; Regulation No 1274/2012 implementing Commission Regulation (EU) No 1217/2010 on block exemption for certain categories of research and development agreements; Regulation No 1275/2012 implementing Commission Regulation (EU) No 1218/2010 on block exemption for certain categories of specialization agreements and Regulation No 621/2016 implementing Commission Regulation (EU) No 316/2014 on block exemption for categories of technology transfer agreements.

Global Competition Law

963. The prohibition

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Les notions juridiques connexes

963. The prohibition

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise