n Without Prejudice - When joint ventures between competitors get the green light : competition law
|Article Title||When joint ventures between competitors get the green light : competition law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Oct 2007|
|Pages||34 - 35|
A primary concern of competition law is conduct where two or more competing firms collude for the purpose of reducing rivalry between them so that the colluding firms can exercise market power. In this regard, s4(1)(b) of the Competition Act has a blanket prohibition on the horizontal restrictive practices of price fixing, division of markets and collusive tendering. These restrictive horizontal practices are regarded as per se violations of the Act. Per se liability is generally reserved for only those agreements that are "so plainly anticompetitive that no elaborate study of the industry is needed to establish their illegality" (National Soc. of Professional Engineers v. United States, 1978 U.S. 679).
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