Anticompetitive agreements

Ray Steinwall

Chapter Chapter 5 in Competition Law in ASEAN, 2025, pp 152-235 from Edward Elgar Publishing

Abstract: The chapter discusses the law in ASEAN Member States (AMS) that apply to anti-competitive agreements. It begins by discussing the nature of an agreement under European Union competition law and the distinction between horizontal and vertical agreements. Separately, it explains the concept of a concerted agreement which is used by some of the AMS. The chapter also discusses the distinction between agreements which have the object or effect of restricting competition. That discussion explores the per se approach in the United States and compares it with the European Union approach. The scope of the prohibition on anti-competitive agreements in each AMS is also discussed. That discussion conveniently distinguishes between different forms of cartels and other horizontal agreements. It examines the guidelines of each AMS, which indicate the approach of their competition agencies to the treatment of different types of horizontal and vertical agreements and concerted practices. The examination also identifies safe harbours used by some AMS to identify agreements which are unlikely to have an anti-competitive effect. The chapter also describes the process available in Singapore for seeking guidance from the Commission for agreements which may be anti-competitive.

Keywords: Agreements; Object or effect; Cartels; Horizontal agreement; Vertical agreement; Concerted practice (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035320110
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