Exploring the Notions of Agreement, Collusion and Concerted Practice in Competition Act 2010

Abstract

Cooperative activities among undertakings have the potential to disrupt fair competition, making it essential to delineate which agreements, practices, or arrangements fall under the purview of competition laws. This article aims to evaluate the existing provisions governing agreements and practices within the framework of the Competition Act 2010 while drawing relevant comparisons with the provisions outlined in the Treaty on the Functioning of the European Union (TFEU). It endeavors to address specific questions and considerations. Firstly, it delves into the fundamental elements and definitions of agreements and practices as specified by the Competition Act 2010. It then explores whether these provisions in CA 2010 align with or deviate from the corresponding articles within the TFEU, shedding light on potential convergences or divergences. Furthermore, this article examines whether there are notable resemblances or disparities between CA 2010 and TFEU in their definitions of agreements and practices related to competition. It scrutinizes the implications, if any, that arise from these disparities or similarities between CA 2010 and TFEU for undertakings operating within their respective jurisdictions. Finally, it highlights specific cases or instances, if any, where the interpretation of agreements and practices under CA 2010 significantly diverges from TFEU, potentially leading to legal challenges or uncertainties. Through this comprehensive analysis, the article aims to contribute to a nuanced understanding of competition laws in both Pakistan and the European Union contexts.