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

Pursuant to Article 6 of the Act, concerted actions, agreements, cartels or alliances that either have as their object, or may have as their effect, the prevention, restriction or distortion of the play of competition on a market, especially when they: 

- restrict access to a market or the exercise of free competition by other undertakings;
- hinder the setting of prices through the free play of  …

The prohibition

Pursuant to Article 6 of the Act, concerted actions, agreements, cartels or alliances that either have as their object, or may have as their effect, the prevention, restriction or distortion of the play of competition on a market, especially when they: 

- restrict access to a market or the exercise of free competition by other undertakings;

- hinder the setting of prices through the free play of market forces by artificially promoting their increase or decrease;

- limit or control production, markets, investments or technical progress;

The prohibition applies whether the agreement is express or implied and regardless of form and the reason for it.

The Act introduced a de minimis rule similar to its EU counterpart, but which applies also to abuses of dominant position. Henceforth, agreements of minor importance which do not significantly restrict competition, in particular agreements between SMEs, are not caught by the prohibition, in accordance with Article 9.

However, de minimis thresholds have not yet been set by decree. Under Article 10, any agreement or understanding constituting a prohibited practice is null and void.

Article 9 exempts certain practices from the prohibition set out in Article 6 i.e. those practices:  

- resulting from the application of a legislative or a regulatory text;

- for which a contribution to economic or technical progress can be justified, that is sufficient to compensate for the restrictions to competition and that reserve consumers a fair share of the resulting benefit, without giving the interested undertakings the possibility to eliminate competition for a substantial part of the products or services in question; such practices must only impose restrictions on competition if they are essential for the achievement of the objective of progress;

- taking the form of agreements or categories of agreements aimed at improving management of SMEs or the marketing of agricultural products, provided the Government grants the exemption after consultation of the Competition Authority (Article 9 of Act 104-12 and Article 6 of Decree 2-14-652).

Global Competition Law

1118. The prohibition

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Les notions juridiques connexes

1118. The prohibition

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Les notions juridiques connexes

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