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 2 of the Competition Act is a carbon copy of Article 101 TFEU, prohibiting “agreements between undertakings which have as their object or effect the appreciable prevention, restriction or distortion of competition within the national market or within a substantial part thereof.” The prohibition includes, but is not limited to, agreements that fix prices or impose other unfair trading condi …

The prohibition

Section 2 of the Competition Act is a carbon copy of Article 101 TFEU, prohibiting “agreements between undertakings which have as their object or effect the appreciable prevention, restriction or distortion of competition within the national market or within a substantial part thereof.” The prohibition includes, but is not limited to, agreements that fix prices or impose other unfair trading conditions, limit production, allocate markets, apply dissimilar conditions to equivalent transactions, or condition conclusion of a contract on acceptance of unrelated terms. By application of Section 1(4) of the Act, de minimis practices in the sense of EU law can be excluded from the scope of the prohibition.

Where an agreement is prima facie anticompetitive (and is thus contrary to the prohibition contained in Section 2 of the Act) it may still be eligible for an individual or block exemption under Section 4, if the agreement would lead to substantial benefits for consumers. Section 4 provides that “[I]n assessing such improvements, the need to guarantee undertakings a necessary level of international competitiveness shall be taken into account, in particular, increases in production, improvements in the quality of production or distribution, or technical and technological progress.” A request for an exemption is notified to the Authority, which should issue its decision within 120 days. It is worth noting that there have been no block exemptions issued so far.

Global Competition Law

420. The prohibition

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Les notions juridiques connexes

420. The prohibition

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Les notions juridiques connexes

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