• For Customers
  • Tariffs
  • Sector Participants
  • Market monitoring
  • About Us
  • Information Publicity
  • Contact Us
ქარ
Georgian National Energy and Water Supply
Regulatory Commission
ქარ
ISO 9001:2015
Call centre 16 216
  • For Customers
  • Tariffs
  • Sector Participants
  • Market monitoring
  • About Us
  • Information Publicity

REMIT

Enforcement of competition law

  • Home >
  • Market monitoring >
  • Enforcement of competition law >
  • Restrictive Agreements, Decisions and Concerted Practices​
    • Abuse of Dominant Position
    • Restrictive Agreements, Decisions and Concerted Practices​
    • Control of Concentration
    • Cooperation Program

    Which agreement, decision, and concerted practicerestrict competition?

    An agreement, decision, and concerted practice are considered restrictive if they result from or are intended to restrict, prevent and/or prohibit competition in the relevant market and which may include:

    A) direct (indirect) determination (fixing) of the purchase or sale price or other trading conditions;

    B) restrictions on production, market, technological development, or investment;

    C) share markets or sources of supply by customer, location or other characteristics;

    D) impose different conditions on certain identical transactions for certain trading partners, thus putting them in a non-competitive position;

    E) setting an additional condition/obligation for a party while entering into a transaction that has no substantive or commercial connection with the subject of the transaction.

    What are the legal consequences of a restrictive competition agreement, decision, or concerted practice?

    It is prohibited to enter into a contract, make a decision or take a concerted practice resulted in restricting competition. Accordingly, an agreement concluded, a decision made or practice  taken contrary to the prohibition is void, besides the exceptions provided for by the Law of Georgia on Competition.

    What are the exceptions by the Law of Georgia on Competition?

    The prohibition of a restrictive agreement, decision, and concerted practice does not apply in the case of a minor distortion of competition (De Minimis).

    Cases of minor distortion  of competition are determined by the Law of Georgia on Competition.

    The prohibition of a restrictive contract, decision, or concerted practice may also not apply to an agreement that promotes improved production and/or supply and technical-economic progress while ensuring the well-being of the customer.

    Sanctions

    Concluding a contract, making a decision, or taking concerted practice ended in restricting competition will result in fines for the relevant undertakings  under the Law of Georgia on Competition.

    • International Projects
    • Media
    • Legal Acts
    • Maps
    • Energy Ombudsman
    • Customer's Portal
    Georgian National Energy and Water Supply
    Regulatory Commission
    Call centre 16 216
    Useful Links
    • Home
    • Contact Us
    Contact
    • Tbilisi 0194, 19 A. Mitskevichi Street
    • + 995 32 2420180
    • mail@gnerc.org
    • www.gnerc.org
    The English version of this website has been produced with the assistance of the European Union. Its contents are the sole responsibility of the Georgian National Energy and Water Supply Regulatory Commission and do not necessarily reflect the views of the European Union.
    GNERC copyright © 2018