Restraints of trade and dominance: Country Q&A tool

Search the Country Q&A in the Competition Global Guide: Restraints of Trade and Dominance section by question and jurisdiction.

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Restraints of trade

Scope of rules

1. Are restrictive agreements and practices regulated? If so, what are the substantive provisions and regulatory authority?
 
2. Do the regulations only apply to formal agreements or can they apply to informal practices?
 

Exemptions

3. Are there any exemptions? If so, what are the criteria for individual exemption and any applicable block exemptions?
 

Exclusions and statutes of limitation

4. Are there any exclusions? Are there statutes of limitation associated with restrictive agreements and practices?
 

Notification

5. What are the notification requirements for restrictive agreements and practices?
 

Investigations

6. Who can start an investigation into a restrictive agreement or practice?
 
7. What rights (if any) does a complainant or other third party have to make representations, access documents or be heard during the course of an investigation?
 
8. What are the stages of the investigation and timetable?
 

Publicity and confidentiality

9. How much information is made publicly available concerning investigations into potentially restrictive agreements or practices? Is any information made automatically confidential and is confidentiality available on request?
 
10. What are the powers (if any) that the relevant regulator has to investigate potentially restrictive agreements or practices?
 

Settlements

11. Can the parties reach settlements with regulators to bring an early resolution to an investigation? If so, what are the circumstances for doing so and the applicable procedure?
 
12. Can the regulator accept remedies (commitments) from the parties to address competition concerns without reaching an infringement decision? If so, what are the circumstances for doing so and the applicable procedure?
 

Penalties and enforcement

13. What are the regulator's enforcement powers in relation to a prohibited restrictive agreement or practice?
 

Third party damages claims and appeals

14. Can third parties claim damages for losses suffered as a result of a prohibited restrictive agreement or practice? If so, what special procedures or rules (if any) apply? Are collective/class actions possible?
 
15. Is there a right of appeal against any decision of the regulator? If so, which decisions, to which body and within which time limits? Are rights of appeal available to third parties, or only to the parties to the agreement or practice?
 

Monopolies and abuses of market power

Scope of rules

16. Are monopolies and abuses of market power regulated under administrative and/or criminal law? If so, what are the substantive provisions and regulatory authority?
 
17. How is dominance/market power determined?
 
18. Are there any broad categories of behaviour that may constitute abusive conduct?
 

Exemptions and exclusions

19. Are there any exemptions or exclusions?
 

Notification

20. Is it necessary (or, if not necessary, possible/advisable) to notify the conduct to obtain clearance or (formal or informal) guidance from the regulator? If so, what is the applicable procedure?
 

Investigations

21. What (if any) procedural differences are there between investigations into monopolies and abuses of market power and investigations into restrictive agreements and practices?
 
22. What are the regulator's powers of investigation?
 

Penalties and enforcement

23. What are the penalties for abuse of market power and what orders can the regulator make?
 

Third party damages claims

24. Can third parties claim damages for losses suffered as a result of abuse of market power? If so, what special procedures or rules (if any) apply? Are collective/class actions possible?
 

EU law

25. Are there any differences between the powers of the national regulatory authority(ies) and courts in relation to cases dealt with under Article 101 and/or Article 102 of the TFEU, and those dealt with only under national law?
 

Joint ventures

26. How are joint ventures analysed under competition law?
 

Inter-agency co-operation

27. Does the regulatory authority in your jurisdiction co-operate with regulatory authorities in other jurisdictions in relation to infringements of competition law? If so, what is the legal basis for and extent of co-operation (in particular, in relation to the exchange of information)?
 

Recent cases

28. What are the recent developments or notable recent cases concerning abuse of market power?
 

Proposals for reform

29. Are there any proposals for reform concerning restrictive agreements and market dominance?
 
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