I. Anti competitive practices

I. Anti competitive practices 4

1. CONCERTED OR ANTI COMPETITIVE PRACTICES

The Australia Thailand agreement, for instance, contains a definition of the anti competitive practices to be proscribed these include business conduct or transactions that adversely affect competition, such as anti competitive horizontal arrangements between competitors misuse of market power, including predatory pricing anti competitive vertical arrangements and anti competitive mergers and acquisitions.

Zambia Anti competitive restrictions on exports of cement

Some of the cases reviewed demonstrate that anti competitive practices such as collusion and abuse of dominance occur in a variety of sectors and that in many instances anti competitive practices involve a mixture of vertical and horizontal anti competitive practices.

As regards prohibited agreements, the Commission issued opinion No. 002 CTX of 27 March 1996 concerning anti competitive practices in the inter urban passenger transport sector.

Zambia Anti competitive restrictions on exports of cement .6

That is why they are known as anti competitive practices, as described below

It was necessary to address anti competitive tendencies emanating from both domestic and external markets.

A third anti competitive practice, known as loss leader selling, is also prohibited by the ordinance.

This case is an example of cross border anti competitive mergers' spillover effects emanating from other jurisdictions.

Also, they wish to ensure that their access to world markets is not frustrated by anti competitive practices.

Generating agreements with society and promoting a new social culture of anti corruption.

Monopolists and dominant firms, like Microsoft, can actually suppress innovation. Unless checked by anti trust authorities, they can engage in anti competitive behavior that reinforces their monopoly power.

The Office prohibited the anti competitive behaviour and imposed a fine of CZK 313 million (approximately US 10.6 million).

The Commission nevertheless found these concerns to be more a fear of competition than of actual anti competitive practices.

Urge the adoption of similar regional agreements such as the Anti terror Arab Agreement.

Under the EU Chile agreement, for instance, the parties undertake to apply their respective competition laws in a manner consistent with the agreement, so as to prevent the benefits of the liberalization process in goods and services from being diminished or cancelled out by anti competitive business conduct and the parties also undertake to give particular attention to anti competitive agreements, concerted practices and abusive behaviour resulting from single or joint dominant positions.

Agreement Between the European Community and the Government of Japan concerning Cooperation on Anti Competitive Activities, Brussels, 10 July 2003

Agreement Between the European Community and the Government of Japan concerning Cooperation on Anti Competitive Activities, Brussels, 10 July 2003.

With reference to such a policy, in certain circumstances intellectual property rights could also give rise to anti competitive practices.

Through these campaigns, competition authorities stimulate a culture of competition and make the public realize how harmful anti competitive practices are.

In the current case, the denial of access to port facilities by the dominant player has negative anti competitive effects in Jamaica.

Ivorian legislation distinguishes between practices which result from individual behaviour (restrictive practices) and those which arise from concerted actions (anti competitive practices).

The rules negotiations cover anti dumping, subsidies and countervailing measures, including fisheries subsidies, and regional trade agreements.

Information about the quality of the service provided, which can also be use as an anti competitive weapon should also be more transparent.

This fact, in itself, cannot be taken as definitive evidence of the presence of anti competitive practices in the market for international Internet connectivity.

It was, however, important to ensure that public restraints were not replaced by private restraints such as cartels and restrictive or anti competitive practices.

Many enforcement cooperation agreements provide for positive comity , under which each party's competition authority undertakes to consider requests by the other party to undertake enforcement action against anti competitive practices in the requested country's territory that contravene the requested country's laws and adversely affect the requesting country's important interests.

Establish or strengthen appropriate mechanisms at the regional and sub regional levels to promote exchange of information on anti competitive practices and on the application of national and regional laws and policies in this area, and to assist each other to their mutual advantage regarding control of anti competitive practices at the regional and sub regional levels.

The UEMOA agreement creates a supranational authority whose jurisdiction extends to public enterprises and government policies that may have trade distorting or anti competitive effects.

However, anti competitive regulations and monopolistic market structures persisted in many countries, as well as structural barriers that hindered enterprises apos free access to markets.

Finally, the bilateral anti terrorist agreements either set forth, or just refer to, the crimes covered by the global anti terrorist conventions, and do not as well attempt to define terrorism.

Revised recommendation of the OECD Council concerning cooperation between member countries on anti competitive practices affecting international trade (27 and 28 July 1995 (C(95)130 FINAL)).

Similarly, competition authorities are increasingly called upon to assess the potential anti competitive effects of mergers and acquisitions, that have either a domestic or an international dimension.

Indeed, there is little evidence of serious anti competitive practices that would warrant ex ante market regulation, at least not in the main markets for interconnection services.

A few agreements provide for enhanced positive comity , which introduces a presumption that the competition authorities of the requesting party will defer or suspend their own enforcement where its consumers are not directly harmed, or where the anti competitive activities occur principally in and are directed principally towards the other party's territory.

This case shows that in the absence of adequate evidence to prosecute anti competitive practices, developing countries may sometimes use other government policies to tackle a competition case.

72. The Board s test examination of 60 special service agreements of the Programme Division disclosed that 13 contracts (22 per cent) had been awarded without competitive bidding.

Audiovisual services Certain business practices of distributors of audiovisual services give rise to concern about possible anti competitive behaviour, especially due to the vertical linkages between producers and distributors.

The adoption of an adequate legal framework for competition not only helped avoid anti competitive practices by firms but also created healthy and fair conditions for all of them.

73. In a field office, the Board noted that out of a sample of 48 special service agreements none of the consultants had been hired through competitive bidding.

In developing countries in particular, an alert merger policy is important so that these transactions do not result in unilateral or collusive anti competitive effects, which would hinder the development process.

Finally, it may be useful to identify appropriate grievance redress procedures that developing country ISPs could use in response to potential anti competitive behaviour in the market for Internet backbone connectivity.