Agreements

An anti-competitive cartel is an agreement or concerted action that has the purpose or may have the effect of preventing, restricting or distorting competition in a particular product or service market. Several economic actors decide to act in a concerted manner to adjust their behaviors instead of determining their commercial strategy independently.

An agreement can take various forms: written or oral, express or tacit. French and Community regulations also distinguish between horizontal agreements, when they are made by companies competing on the market, and vertical agreements, when the companies are located at a different level of the production or distribution chain, for example between a supplier and a distributor. The most characteristic examples of cartels are agreements and practices aimed at limiting competitors’ access to a market, exchanges of price information, market allocations.

Gouache Avocats advises you on the legality of your agreements and practices with regard to French and Community competition regulations and in the implementation of compliance programs within your company.

Gouache Avocats also assists companies in proceedings initiated by the Competition Authority or the European Commission (request for information, visits and seizures, leniency proceedings, settlement, commitments), litigation before national and Community courts and assists companies wishing to complain of possible anti-competitive agreements in their sector of activity.