The Purpose Of Prohibiting Anti-Competitive Agreements Is To Enhance

Exceptions The fact that an agreement constitutes a restriction on competition does not mean that it is automatically prohibited, unless it is a basic cartel, as explained above. Some agreements may be excluded from regulations if the companies concerned prove that the efficiency gains are the result of behaviour that outweighs the anti-competitive effects. Competition law defines certain behaviours that are expressly prohibited. These include agreements that: these practices between competitors constitute the most serious form of anti-competitive behaviour within the meaning of the third part of the regulations, as they constitute the most severe agreements and agreements. The Trade Act prohibits anti-competitive agreements between companies, such as price-fixing or market processing agreements. It is also illegal for companies to abuse a dominant position. If you wish to report anti-competitive behaviour and do not require anonymity, you can do so by filling out the online complaint form, emailing contact@comcom.govt.nz or calling us on 0800 943 600. The information that is provided to us, regardless of the small one, can be valuable if it is added to other information that we may contain. On the other hand, risks that violate the regulation are limited when competition information (such as prices, price elements and cost elements) is collected by independent third parties such as the government, a university body or a trade association for market investigation or research purposes and is distributed to individual competitors in an aggregated and anonymous manner. For a professional organization to qualify as an independent third party for information gathering purposes, it should have its own resources and independent staff to ensure that independent members do not have access to competitively sensitive information. The need for companies to ensure compliance With the rules The risks associated with the party to an anti-competitive agreement or the abuse of a dominant position are serious. Another significant risk to a business, in addition to the consequences highlighted in the above, is disruption and reputational damage that can result from lengthy investigations or subsequent litigation between customers, competitors and consumers. Non-compliance with regulations therefore becomes a serious governance issue that could discourage investors in the company and even lead to the exit of current shareholders.

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