anticompetitief

Anticompetitief describes actions, agreements, or conduct by firms that lessen, prevent, or distort competition in a market. Such practices can lead to higher prices, fewer choices, lower quality, and slower innovation, harming consumers and other market participants. Anticompetitief gedrag is addressed in competition law in many jurisdictions, aiming to preserve effective competition.

Common forms include:

- Cartels: agreements between competitors to fix prices, allocate customers or markets, or limit production.

- Abuse of dominant position: practices by a market leader that exclude or disadvantage rivals, such as excessive pricing, unfair contract terms, margin squeezing, or exclusive dealing.

- Restrictive agreements: arrangements between firms that restrain competition, such as market sharing, bid rigging, or certain output restrictions.

- Vertical restraints: distribution terms that unduly limit competition, such as exclusive dealing or tying; some restraints can be lawful if they bring pro-competitive benefits.

Impact and enforcement:

Competition authorities investigate suspected anticompetitive behavior and can impose remedies, fines, and orders to cease illegal practices. Leniency programs may reward firms that reveal cartels. Individuals involved in anticompetitive activity can face sanctions, and harmed parties may pursue damages claims.

Legal framework:

In the European Union, anticompetitive conduct is governed by Articles 101 and 102 TFEU; national laws complement these rules. In the Netherlands, the Autoriteit Consument & Markt (ACM) enforces competition rules, with powers to investigate, prohibit practices, and impose penalties. While many practices are unlawful, some arrangements can be pro-competitive if they demonstrably enhance efficiency and consumer welfare under proper safeguards.