Examples of First Conduct Rule in a sentence
The Commission should be (and in our view is) obliged to prove to the requisite standard before the Tribunal not only that the agreement prevents, restricts or distorts competition but also that it is not excluded from the First Conduct Rule.
We believe these arrangements would be covered by the ‘agency’ example in the Guidelines (Hypothetical Example 1), i.e. if the retailer is just acting as the ‘agent’ then the First Conduct Rule would not apply.
The Commission has made it clear in its Guideline on the First Conduct Rule (the “FCR Guideline”) that fee recommendations and fee scales set by associations of undertakings are likely to have the object of harming competition.
Paragraph 4.7 of the Annex to the First Conduct Rule Guideline states that "[s]ervices of general economic interest are services that the public authorities believe should be provided to the public whether or not the private sector would supply the relevant services".
For example, in the final First Conduct Rule Guideline, a hypothetical example might be added to illustrate changes in price before and after implementation of the practice or agreement at issue.
Therefore, the Competition Authorities may not be able to further define it as Section 5.4 of the First Conduct Rule Guidelines appears to do.
For example, a concerted conduct can be an infringement of the First Conduct Rule when the undertakings, individually or collectively, possess market power (but not necessarily substantial market power), whereas an infringement of the Second Conduct Rule will generally require a finding of substantial market power.
This inhibition was stron- ger compared to single compounds or combined monoterpenes (pulegone 40 µg/mL, menthone 40 µg/mL, limonene 20 µg/mL).
Paragraph 3.15 of the Draft First Conduct Rule Guideline defines "market power" as the "ability to profitably maintain prices above competitive levels for a period of time or to profitably maintain output in terms of product quantity, quality and variety or innovation below competitive levels for a period of time".
Statutory Bodies, Specified Persons and ActivitiesAs mentioned above, under section 3 of the Ordinance, statutory bodies are excluded from the competition rules (including the First Conduct Rule) unless they are specifically brought within the scope of those rules by a regulation made by the Chief Executive in Council under section 5.The section 3 exclusion does not, however, extend to legal entities owned or controlled by a statutory body unless those entities are also statutory bodies.