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

The Act prohibits both horizontal and vertical agreements that restrict competition.
1) Horizontal agreements
Article 53 of the Act sets out a per se prohibition against horizontal agreements providing that “absolute monopolistic practices” are void. The Act defines absolute monopolistic practices as agreements, contracts, arrangements or combinations between competitive economic agents, the purpo …

The prohibition

The Act prohibits both horizontal and vertical agreements that restrict competition.

Article 53 of the Act sets out a per se prohibition against horizontal agreements providing that “absolute monopolistic practices” are void. The Act defines absolute monopolistic practices as agreements, contracts, arrangements or combinations between competitive economic agents, the purpose of which is to:

- exchange information for the purpose of committing any of the above-mentioned offenses (On 24 November 2020, the COFECE issued news Guidelines on exchanges of information between economic agents to provide guidance on what constitutes a prohibited exchange and how to avoid falling within the ambit of the prohibition). 

Vertical agreements ("relative monopolistic practices") that restrict competition are prohibited by Article 54 of the Act. A violation of the practices listed in Article 56 requires that the parties exercise “substantial power” in the relevant market, as defined by Article 59. Under Article 56, relative monopolistic practices may consist of agreements the purpose of which is to hinder access or establish advantages, for example:

- imposition of requirement contracts (whereby a buyer agrees to buy all or a large part of a specific good or service from a specific seller).

Global Competition Law

1095. The prohibition

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Les notions juridiques connexes

1095. The prohibition

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise