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

Following Section 8(1), the prohibition shall not apply if the agreements (i) contribute to improving production or distribution and technical or economic progress, (ii) allow consumers a fair share of the benefit, (iii) do not impose restrictions that are not indispensable, and (iv) do not afford the possibility of eliminating competition for a substantial part of the products in question (Sectio …

Exemptions

Section 6 of the Act prohibits agreements that have as their object or effect the elimination or restriction or any other infringement of competition on the market. It contains a non-exhaustive list of prohibited practices including price fixing, limiting output, allocating markets, applying dissimilar contract terms to equivalent transactions, conditioning an agreement upon acceptance of unrelated terms, limiting access to the market and bid rigging.

  Agreements between competitors with a combined market share of less than 5% in the year prior to the agreement are not considered as coming within the scope of the prohibition. Where the parties to an agreement falling within Section 6 are not competitors, the prohibition will not apply if the aggregate market share is less than 10%.

Prohibited agreements are considered void.

The prohibition

Following Section 8(1), the prohibition shall not apply if the agreements (i) contribute to improving production or distribution and technical or economic progress, (ii) allow consumers a fair share of the benefit, (iii) do not impose restrictions that are not indispensable, and (iv) do not afford the possibility of eliminating competition for a substantial part of the products in question (Section 8).

  Applying Section 8(2), the Council of Ministers has adopted block exemption regulations in respect of specific vertical agreements, specialization, scientific research and development agreements, agreements pertaining to the transfer of technology, and certain agreements between insurers.

Global Competition Law

543. Exemptions

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Les notions juridiques connexes

543. Exemptions

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