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Section 4

of Competition Act 2010

ActIn forceProvision 4 of 67

Section 4

(1)

A horizontal or vertical agreement between enterprises is prohibited insofar as the agreement has the object or effect of significantly preventing, restricting or distorting competition in any market for goods or services.

(2)

Without prejudice to the generality of subsection (1), a horizontal agreement between enterprises which has the object to—

(a)

fix, directly or indirectly, a purchase or selling price or any other trading conditions;

Act 712

(b)

share market or sources of supply;

(c)

limit or control—

(i)

production;

(ii)

market outlets or market access;

(iii)

technical or technological development; or

(iv)

investment; or

(d)

perform an act of bid rigging, is deemed to have the object of significantly preventing, restricting, or distorting competition in any market for goods or services.

(3)

Any enterprise which is a party to an agreement which is prohibited under this section shall be liable for infringement of the prohibition.