The exemption for anti-competitive agreements is not compliant. However, a dominant undertaking can demonstrate that it has an objective justification for abusive behaviour in other circumstances. Companies can distort competition by working with competitors, consolidating prices or spreading the market, so that everyone has a monopoly on a part of the market. Anti-competitive agreements can be open or secret (for example. B cartels). They can be written (either in the form of a “business-to-business agreement” or in the decisions or rules of professional organisations) or be less formal agreements. A particularly serious type of anti-competitive agreement would be cartels. Agreements on cartels and abuse of dominance generally consist of setting prices, manipulating tendering procedures, dividing markets or limiting production. As a result, cartels have little or no incentive to lower prices or offer better quality goods or services. According to economic studies, cartels overload an average of 30%. There are four types of cartels: anti-competitive agreements are agreements between competitors to prevent, restrict or distort competition. Section 34 of the Competition Act prohibits anti-competitive agreements, decisions and practices. Article 101 of the TFUE provides the legal framework for achieving such a balanced assessment, taking into account the restrictive aspects resulting from coordination and all the competitive efficiency gains resulting from an agreement which, if not, could offset any restrictive effects on competition.
Each of them contains certain conditions that must be met in order for the agreement to be exempted. These conditions may include, for example. B, those relating to the parties` market shares and the types of restrictions contained in the agreement. A number of eu-class exemptions have been transposed into UK legislation with some minor changes and will continue to apply after Brexit under UK competition law. BRITISH competition law and EU competition law prohibit concerted agreements, agreements and practices that prevent, restrict or substantially distort competition, or if this is the desired result and affects or may affect trade within the UK or EU. Competition in a market may be limited to other than those described above. For example, there may be other types of agreements between competitors, such as price guidelines or recommendations, joint purchase or sale, setting technical or technical design standards, and the trade information exchange agreement. The CCCS will take action in the event of significant adverse effects on competition, i.e. when competition is severely hampered. In the case of price guidelines or recommendations, CCCS stated that mandatory or voluntary price recommendations and pricing rules are generally dangerous to competition and encourage all firms to set their prices independently. Companies involved in anti-competitive behaviour may consider their agreements to be unenforceable and may face fines of up to 10% of the group`s global turnover and possible actions for damages.
Article 101, paragraph 1 of the TFUE prohibits agreements and concerted practices between two or more companies (or, at the same time, there are often legitimate reasons why companies enter into agreements that contain provisions or obligations that restrict competition. This is particularly the case when agreements are reached to produce or promote positive effects (efficiency gains) that would not occur without the restriction contained in the agreements. Given the serious consequences of non-compliance, companies should regularly verify that the company`s practices and agreements are in compliance with competition law.