The following business practices are prohibited:
1. Agreements to fix prices (including export and
import prices);
2. Collusive tendering;
3. Market or customer allocation (division)
arrangements;
4. Allocation of sales or production by quota;
5. Collective action to enforce arrangements, e.g., by
concerted refusals to deal;
6. Concerted refusal to sell to potential importers;
and
7. Collective denial of access to an arrangement, or
association, where such access is crucial to
competition and such denial might hamper it. In
addition, businesses are forbidden to engage in the
abuse of a dominant position in the market by
limiting access to it or by otherwise restraining
competition by:
a. Predatory behaviour towards
competitors;
b. Discriminatory pricing or terms or
conditions in the supply or purchase
of goods or services;
c. Mergers, takeovers, joint ventures,
or other acquisitions of control;
d. Fixing prices for exported goods or
resold imported goods;
e. Import restrictions on legitimately-
marked trademarked goods;
f. Unjustifiably - whether partially or
completely - refusing to deal on an
enterprise's customary commercial
terms, making the supply of goods
or services dependent on
restrictions on the distribution or
manufacturer of other goods,
imposing restrictions on the resale
or exportation of the same or other
goods, and purchase "tie-ins".
C. ANTI - COMPETITIVE STRATEGIES
Any Competition Law in Macedonia should, in my view,
excplicitly include strict prohibitions of the following
practices (further details can be found in Porter's book -
"Competitive Strategy").
These practices characterize the Macedonian market.
They influence the Macedonian economy by discouraging
foreign investors, encouraging inefficiencies and
mismanagement, sustaining artificially high prices,
misallocating very scarce resources, increasing
unemployment, fostering corrupt and criminal practices
and, in general, preventing the growth that Macedonia
could have attained.
Strategies for Monopolization
Exclude competitors from distribution channels. - This is
common practice in many countries. Open threats are
made by the manufacturers of popular products: "If you
distribute my competitor's products - you cannot distribute
mine. So, choose." Naturally, retail outlets, dealers and
distributors will always prefer the popular product to the
new. This practice not only blocks competition - but also
innovation, trade and choice or variety.
Buy up competitors and potential competitors. - There is
nothing wrong with that. Under certain circumstances, this
is even desirable. Think about the Banking System: it is
always better to have fewer banks with bigger capital than
many small banks with capital inadequacy (remember the
TAT affair). So, consolidation is sometimes welcome,
especially where scale represents viability and a higher
degree of consumer protection. The line is thin and is
composed of both quantitative and qualitative criteria.
Public-domain text, read in full here on John Shaqi.
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