Anti Competitive Agreement Types

HORIZONTAL AGREEMENTS – Horizontal agreements are agreements concluded between companies at the same stage of production. Article 3(3) of the Law provides that such agreements include agreements which engage in the same or similar trade in goods or the provision of services, what – What is the system of prices imposed for resale? It includes any agreement for the sale of goods provided that the prices invoiced on resale by the buyer are the prices set by the seller, unless it is clearly stated that prices lower than these prices can be calculated. The best results are achieved by discouraging companies from forming cartels. Severe sanctions are therefore a fundamental element of an effective antitrust enforcement policy against hard-line cartels. An important addition to the fines imposed on organizations for antitrust behavior are the sanctions against individuals for their involvement in the conspiracy. Such sanctions may take the form of large fines or, in some countries, custodial sentences. The prospect of incarceration can be a strong deterrent for businessmen considering a deal. Competition in a market may be limited to types other than those mentioned above. For example, there may be other types of agreements between competitors, such as pricing policies or recommendations, joint buying or selling, the establishment of technical or design standards, and an agreement for the exchange of business information. CCCS will act in cases where competition is appreciably affected, i.e. where competition is seriously affected.

In the case of a pricing policy or recommendation, CCCS has found that recommended rates and pricing policies, whether mandatory or voluntary, are generally detrimental to competition and encourages all companies to set their prices independently. The Commission considered that the contested agreements were contrary to Section 3 of the Law and stated that the network of such agreements allowed OEMs to become monopolistic players on aftermarkets for their vehicle model, to create barriers to market entry and to eliminate competition from independent service providers. The FTC typically pursues anti-competitive behavior in violation of Section 5 of the Federal Trade Commission Act, which prohibits „unfair methods of competition“ and „unfair or deceptive acts or practices.“ In Stirling Harbour Services Pty Ltd v Bunbury Port Authority [2000] FCA 38; (2000) ATPR 41-752, French judge said whether competition is significantly reduced. You can report anti-competitive activity if you see it. In view of the serious consequences of non-compliance, undertakings should regularly check whether the undertaking`s practices and agreements are compatible with competition law. . . .