Anti Competitive Agreements Section

In determining whether an agreement has a CSTA under section 3, the ICC also considers all the factors set out in section 19(3) of the Act – [para. 3.21] It is provided that the concept of “coordinated conduct” covers conduct below a contract, agreement or agreement, since the courts have interpreted each of these terms in section 45. The Section provides for a derogation from joint ventures received by the Parties where they increase the efficiency of the production, supply, distribution, storage, acquisition or control of goods or the provision of services. Article 3(1) of the Law cannot be relied on independently and must necessarily be used in conjunction with Article 3(3) as regards horizontal agreements or Section 3(4) as regards vertical agreements. It should be clarified, however, that Article 3(1) is not only a suggestive provision, but is essentially the `kind` of the law. It should also be invoked independently to serve the interests of consumers and also cover various other types of agreements that might not fall under the aegis of Article 3(3) or Article 3(4). For example, an agreement that would otherwise fall under Chapter 1 or Article 101 may be considered harmless if the parties are not actual or potential competitors or if they have such small market shares that there can be no real impact on competition or trade within the UK or between EU Member States. However, agreements considered to be targeted, including antitrust practices, are almost always contrary to competition rules, irrespective of market shares. Anti-competitive conduct between competitors is the most serious form of anti-competitive conduct under Chapter I or Article 101 and is subject to the most severe penalties. A “hardcore” agreement is an agreement that includes price agreements, market allocation, supply manipulation or limitation of the supply or production of goods or services. Persons prosecuted for a UK antitrust offence may be liable to imprisonment for up to five years and/or unlimited fines. One of the practical ways to promote employees` understanding of competition law is for a company to actively develop and implement a company-specific competition directive and programme, as well as staff training and other methods of risk management and reduction.