Prohibited Conduct
The Competition Act addresses five core categories of anticompetitive behaviour: (i) horizontal restrictive practices, including price-fixing, market sharing, bid-rigging and restricting or preventing new undertakings from entering the market; (ii) vertical restrictive practices, such as fixing minimum resale prices and discriminatory conditions; (iii) abuse of dominant position, including exploitative and exclusionary conduct; (iv) abuse of economic dependence; and (v) abuse of buyer power. Agreements and decisions caught by the horizontal prohibition are null and void, unless justified – where agreements improve production, distribution or technical/economic progress, provided consumers receive a fair share of the resulting benefit, no unnecessary restrictions are imposed, and competition is not substantially eliminated. The practices covered by the horizontal and vertical prohibitions may be submitted for prior assessment by the competent authority, under a procedure to be established by regulation adopted pursuant to its statutes.
Market Dominance Thresholds
An undertaking is considered dominant if it holds at least 45% of the relevant market. A rebuttable presumption of dominance applies between 35% and 45%, while dominance may also be established below 35% if market power is demonstrated.
Merger Control
A concentration arises from a lasting change of control, over the whole or part of one or more undertakings, as a result of a merger or acquisition of control, including the creation of a full-function joint venture. Mandatory prior notification applies to concentrations in the energy, transport, postal services, telecommunications and financial services sectors, where the concentration results in the direct or indirect acquisition of control of undertakings with (i) more than 25% national market share; (ii) the parties’ combined annual revenues exceed USD 10 million. Gun-jumping – completing a notifiable concentration without the respective notification and clearance – is prohibited. Where a sector is regulated, clearance requires a mandatory and binding opinion from the relevant regulatory authority.
Infringements and Sanctions
Substantive infringements – including participation in prohibited agreements, abuse of dominant position, abuse of economic dependence, abuse of buyer power or gun-jumping – attract fines of up to 10% of the preceding financial year's turnover. Fines of up to 5% of the preceding year's turnover apply to other infringements such as failure to provide information or obstruction of inquiry and inspection powers.
Appeals
Decisions of the competent authority may be appealed before the administrative, tax and audit courts under the Judicial Organisation Law.
Entry into Force
The Competition Act enters into force 180 days after its publication date, i.e., 21 September 2026.
This information is for informational purposes only and does not constitute legal advice.
