Trade practice and consumer protection proclamation No.685/2010


10.EXEMPTIONS
The Council of Ministers may specify by regulation, those trade activities which shall be exempted from the application of the foregoing provisions of this Chapter One, when it deems such activities are vital in facilitating economic development.
CHAPTER TWO
AGREEMENTS, CONCERTED PRACTICES AND DECISIONS OF ASSOCIATIONS OF
BUSINESS PERSONS
11. PRINCIPLE
Agreement or concerted practice or a decision by an association is prohibited if it has the object or effect of preventing, restricting or distorting competition.

12. DEFINITION
1) For the purpose of this chapter, the term agreement includes mutual understanding, written or oral contract and operational procedures, whether or not legally enforceable.
2) For the purpose of this chapter concerted practice means a unified or cooperative conduct of business persons depicted in a way that does not look like an agreement and done to substitute individual activity.
13. ABSOLUTE PROHIBITION
1) The following acts are absolutely prohibited:
a)agreements or concerted practices or decisions by associations of business persons in a horizontal relationship and have the object or effect of the following:
i. directly or indirectly fixing prices;
ii. collusive tendering;
iii. allocating customers, or marketing territories or production or sale by quota;
b)agreement between business persons in a vertical relationship that has an object or effect of setting minimum retail price
2)For the purpose of the preceding provisions horizontal relationship is deemed to exist between competing business persons in a certain market, whereas vertical relationship is deemed to exist between business persons and its customers or suppliers or both.
14.EXCEPTIONS
It is possible for a business person accused of anticompetitive practice as provided for under Article 13(1) (a) and (b) above or other provisions of this chapter, to prove that the technological or efficiency or other pro-competitive gains of the agreement or the concerted practice or the decision by association outweigh the detriments of the prohibited acts.

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