Article 4 – Agreements between undertakings, concerted practices and similar decisions and actions of associations of undertakings the object of which is to prevent, distort or restrict, directly or indirectly, competition on a particular market for goods or services or which have or may have the effect of doing so , are unlawful and prohibited.
These situations are in particular:
a) Determining the purchase or sale price of goods or services, the factors that constitute the price, such as costs, profit and all kinds of purchase or sale conditions,
b) Sharing or controlling market resources or elements of all kinds by dividing markets for goods or services,
c) Controlling the demand or supply quantity of goods or services or determining it outside the market,
d) Complicating or restricting the activities of competing enterprises, or excluding enterprises from the market through boycott or other conduct, or preventing new entrants from entering the market,
e) Applying different conditions to persons of equal status for equal rights, duties and actions, with the exception of exclusive franchise;
f) Contrary to the nature of the contract or commercial practice, requiring the purchase of another good or service together with a good or service, or making a good or service requested by buyers acting as intermediaries dependent of the buyer’s display of another good or service, or the enforcement of conditions relating to the re-delivery of a purchased good or service,
In cases where the existence of an agreement cannot be proven, the fact that price changes on the market or in the balance between supply and demand or in the areas of activity of the undertakings are comparable to those on markets where competition is prevented, constitutes distorted or limited, a presumption that the undertakings are involved in concerted action.
Provided it is based on economic and rational facts, each party can avoid liability by proving that it did not act in concert.
Article 6 – It is unlawful and prohibited for one or more undertakings to abuse their dominant position in any goods or services market throughout the country or in any part of the country, alone or through agreements or joint actions with others.
Special cases of abuse include:
a) Actions aimed at directly or indirectly preventing another undertaking from entering into commercial activities or at hindering the activities of competitors on the market,
b) Directly or indirectly discriminating against buyers in similar situations by imposing different conditions for the same and equal rights, obligations and actions,
c) Making the purchase of other goods or services together with a good or service, or a good or service requested by buyers who are intermediary undertakings, conditional on the buyer’s display of another good or service, or a purchased good do not sell below a certain price. Imposing restrictions on the terms of trade in sales,
d) Actions aimed at distorting the conditions of competition in another goods or services market by taking advantage of the financial, technological and commercial advantages arising from dominance in a particular market,
e) Restriction of production, marketing or technical development to the detriment of consumers.