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

Under Act No 18/2003, restrictive agreements could be notified to the Competition Authority for prior assessment. Act No 19/2012 no longer affords such negative clearance.
However, Section 10 sets out an individual exemption similar to that contained in Article 101(3) TFEU. Upon application, an exemption will be granted a restrictive agreement where it contributes to the improvement of production  …

Exemptions

Section 9 of the Act mirrors Article 101 TFEU and prohibits:

“Agreements between undertakings, concerted practices and decisions by associations of undertakings which have as their object or effect the prevention, distortion or restriction of competition in the domestic market, in whole or in part, and to a considerable extent”.

This includes, but is not limited to agreements which fix prices, limit or control production or markets or share markets or sources of supply, as well as practices such as the application of dissimilar conditions to equivalent transactions and directly or indirectly refusing to purchase or sell goods or pay for services. To be caught by Section 9, the agreement or practice must have an appreciable effect. Under Section 9(2) any agreement prohibited pursuant to its terms is considered void and without effect.

In November 2016, the Competition Authority issued Guidelines on associations of undertakings which detail the most common types of infringements committed by such associations, re-state the legal consequences of anticompetitive behavior and set out a list of best practices.

As added as of 1 January 2022, a new type of prohibited practice was added to the list according to Section 9, dealing with so-called parity clauses (Section 9 (f)). 

The prohibition

Under Act No 18/2003, restrictive agreements could be notified to the Competition Authority for prior assessment. Act No 19/2012 no longer affords such negative clearance.

However, Section 10 sets out an individual exemption similar to that contained in Article 101(3) TFEU. Upon application, an exemption will be granted a restrictive agreement where it contributes to the improvement of production or distribution of goods and services or promotes technical or economic progress and cumulatively:

- allows the users of these goods or services obtain a fair share of the resulting benefit;

- does not impose on the undertakings concerned any restrictions which are not indispensable for the attainment of these objectives; and

- does not allow undertakings the possibility of eliminating competition in respect of a substantial part of the market in question.

Section 10 of the Competition Act also provides that practices that comply with EU block regulations are not prohibited even though they might not affect trade between Member States.

Global Competition Law

572. Exemptions

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

Les notions juridiques connexes

572. 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