Prohibited Agreements, Decisions and Concreted Practices
The very customary fashion for the development of trade on the market is by concluding agreements between independent undertakings and the contractual freedom is in itself the core of such relations. Its limitation is permissible only rarely where higher values, usually of imperative character and of prime importance, are deemed to have been affected negatively. Competitive relations and in particular the preservation of competition have been naturally raised to an imperative milestone of contractual relations between independent undertakings on the market.
In certain cases agreements, decisions and concerted practices between independent undertakings may also amount to prevention, restriction or distortion of competition, and therefore they are considered prohibited by law.
Delchev & Partners can provide you a thorough competitive analysis and advice you with regard to:
Decisions by associations of undertakings
In certain spheres of commercial activity it is typical for undertakings to establish associations. The establishment of such an association, its existence, decisions and even sometimes its recommendations may be regarded as means of anticompetitive coordination between independent undertakings.
Concerted Practices
It is not always necessary for undertakings to reach the formal stage of an agreement or decision, to contribute to the negative effect on competition. The European Court of Justice has defined such pattern of behavior as "any direct or indirect contact between such operators, the object or effect whereof is either to influence the conduct on the market of an actual or potential competitor or to disclose to such competitor the course of conduct which they themselves have decided to adopt or contemplate adopting on the market".
