Competition law represents a synthesis of law and economics. It regulates the behavior of subjects participating in the market in order to ensure fair, free, and effective competition. The main goal of competition law is the promotion of free trade and market liberalization, the protection of consumers' interests, the avoidance of artificial price increases, the restriction of choice, and the suppression of innovations, as well as the provision of fair conditions for the equal participation of subjects participating in the market. Competition law is important for the business sector because it establishes rules for protection from the unlawful restriction of free and fair competition. Competition law prohibits such actions that unlawfully restrict competition and harm the interests of the consumer, including the abuse of a dominant position, competition-restricting contracts, decisions, and concerted actions.
The most common violations of competition law include:
Agreements concluded between product suppliers with the aim of dominating the market, establishing control over prices, and receiving maximum profit (so-called cartels), during which each participant maintains financial independence, that is, they do not unite into one company. Participants in a cartel coordinate prices, sales methods and areas, the quality of goods, etc., with each other, in order to receive as much profit as possible.
Abuse of a dominant position, for example, directly or indirectly determining (fixing) an unfair purchase or sale price or other unfair trading conditions; restricting production, markets, or technological development to the prejudice of consumers' interests; establishing different conditions for certain trading partners on identical transactions, thereby placing them at a competitive disadvantage; determining an additional condition/imposing an obligation on a party to conclude a transaction, which is neither substantively nor commercially related to the subject of the transaction, and others.
Mergers and concentrations, which significantly restrict competition in the market.
According to the Law of Georgia on Competition, the mentioned actions are prohibited, because they violate the process of the development of free trade and a competitive market and harm the interests of consumers.
A dominant position means such a position (economic power) of an economic agent (or economic agents) operating in the relevant market, which allows it to act independently from competing economic agents, suppliers, clients, and final consumers, to exert a substantial influence on the general conditions of the circulation of goods in the relevant market, and to restrict competition. A dominant position itself is not illegal. Its abuse is illegal, for example, when an economic agent uses its power for the expulsion of competitors or to establish unfair conditions for consumers.
The violation of competition law rules can cause high financial sanctions, reputational damage, the invalidity of contracts, and in some cases - even the personal liability of the management. Besides this, the process of case investigation by the Georgian Competition and Consumer Agency is often lengthy (the case investigation, considering its importance and complexity, by the decision of the Agency, can last up to 18 months), which exerts significant pressure on the activities of the economic agent.
Legal service helps a business in the identification and avoidance of risks, the assessment of mergers and transactions, interaction with the regulatory body, and ensuring the protection of its interests in the process of investigation. Also, in the formation of an internal compliance policy with legislation, so that the economic agent does not violate the requirements of competition law in its daily activities and develops its business safely.