Restraints of trade and dominance: Country Q&A tool
Resource type: Country Q&A Tool
Published on 17-Jun-2015
Argentina, Australia, China, Costa Rica, Croatia, Cyprus, European Union, Finland, France, Germany, Greece, Hong Kong, Iceland, India, Ireland, Israel, Japan, Norway, Serbia, Slovenia, South Africa, South Korea, Switzerland, The Netherlands, Turkey, USA, Ukraine, United Kingdom
China, Costa Rica, Croatia, Cyprus, European Union, Finland, France, Germany, Greece, Hong Kong, Iceland, India, Ireland, Israel, Japan, Norway, Serbia, Slovenia, South Africa, South Korea, Switzerland, The Netherlands, Turkey, USA, Ukraine, United Kingdom
Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.
Restraints of trade
Scope of rules
Are restrictive agreements and practices regulated? If so, what are the substantive provisions and regulatory authority?
Do the regulations only apply to formal agreements or can they apply to informal practices?
Are there any exemptions? If so, what are the criteria for individual exemption and any applicable block exemptions?
Exclusions and statutes of limitation
Are there any exclusions? Are there statutes of limitation associated with restrictive agreements and practices?
What are the notification requirements for restrictive agreements and practices?
Who can start an investigation into a restrictive agreement or practice?
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?
What are the stages of the investigation and timetable?
Publicity and confidentiality
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?
What are the powers (if any) that the relevant regulator has to investigate potentially restrictive agreements or practices?
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?
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
What are the regulator's enforcement powers in relation to a prohibited restrictive agreement or practice?
Third party damages claims and appeals
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?
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?
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?
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)?
China, Competition, Competition Global Guide , PLC Cross-border, PLC EU Competition Law, PLC UK Corporate, PLC UK Law Department, PLC UK Public Sector, PLC US Antitrust, PLC US Law Department