The competition law consists of the parts: • Cartel law; • Concentration control; • Misuse economic position; • Market activities of governmental authorities.
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When arrangements are made between companies for restricting the competition, we speak of a cartel. This does not only consist of arrangements with competitors, but also for example arrangements with your supplier or customer, such as a distribution agreement or a franchise agreement. It is useful to have it checked beforehand whether the arrangements you wish to make with market parties are allowed.
Apart from arrangements that intentionally restrict competition (this includes for example the non-competition clause), there are arrangements that could do so unintentionally, for instance cooperation agreements which are meant to create an added value for both parties, but which could also have a negative impact on other competitors or customers. There are often quite a few more possibilities to enter into a cooperation than might be thought, but the limits of competition law should always be duly taken into account.
Are you wondering whether the competitor infringes the competition law or are you wondering which agreements you are allowed and which ones you are disallowed to make yourself? Or are you facing the Authority for Consumers and Markets (ACM)? The lawyers of PlasBossinade will gladly help you. Not only in making arrangements that are permissible, but also in civil proceedings or proceedings against ACM.
Under the term concentration control the ACM monitors whether an imbalance could possibly be created because of mergers and takeovers on the concerning market. Also the setting up of a new enterprise (joint venture) may fall under the concentration control. PlasBossinade checks whether there is a reporting obligation to the ACM and it will support you in the reporting procedure. Do you disagree with the merger or takeover aimed at by your competitor? PlasBossinade will advise you about possible actions and will support you in conducting those actions.
Misuse economic position
Competition law also includes control of enterprises that have an economically dominant position. There is no ban on having a large market share; it is forbidden to misuse it though. Do you wish to know what you are permitted to do or should you wish to assess the conduct of a third party, our lawyers will gladly tell you more about it.
Market and Government
Traditionally competition law was aimed at commercial enterprises. But also governmental authorities are increasingly active on markets where commercial parties operate. For instance markets for IT-services, cleaning, catering, rental, sheltered workshops et cetera. To this end statutory rules on market activities by governmental authorities have been introduced. Governmental authorities may operate on commercial markets, but they must in that case compete honestly. For instance, they must pass on the overall cost in order to ensure fair prices. They are also not allowed to give advantage to public companies over other companies. Do you want to know on which conditions governmental authorities may operate on commercial markets, then at PlasBossinade you are at the right place.
PlasBossinade is able to advise you about all aspects of competition law. Should you have a question, do not hesitate to contact the specialized lawyers of PlasBossinade.