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Complying with Competition Law
05
The severity of the potential penalties and the possibility of legal
action normally means that any business involved in illegal
behaviour will not only have to invest a great deal of time in
defending a case but may also incur high legal costs as a result
of court actions.
Management will be distracted by having to defend such cases
and ultimately the reputation of the business may be affected.
Not only can reputational damage to any business involved in
illegal conduct undo years of marketing and damage brand value
but the business can also face hostility from customers who may
feel cheated.
All businesses in Ireland, whether small, medium or large, are
expected to comply with Irish and EU competition law and to
refrain from anti-competitive behaviour.
It is important to understand what anti-competitive behaviour is.
The Competition Authority has published two booklets to help
businesses: Guide to Competition Law and Policy for Businesses
and Your Business and Competition Law.
Agreements, decisions or concerted practices that restrict
competition and are harmful to consumers are likely to be illegal.
Agreements that threaten to fix or raise prices to consumers or
restrict output are considered particularly harmful.
Cartels
A cartel is an illegal agreement between two or more competitors
not to compete fully with each other. Cartel agreements do not
need to be in writing and it is not necessary for the cartel
agreement to have been carried out. Nor do they have to have
been agreed in Ireland. If they have an effect (or potential effect)
in Ireland they are illegal here. Simply making a cartel
agreement is illegal.
Cartels include the following types of illegal activities:
·
fixing or agreeing prices with competitors for goods and
services, including the level of price increases or discounts
·
sharing markets among competitors by dividing up
territories or sharing out customers
What should businesses
know?