Monday, 15 November 2010 14:43

Agreements Allowed By The Revised Treaty OF Chaguaramas

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There are instances where collaboration among competitors merits special consideration. the Revised Treaty provides that an enterprise shall not be deemed as exhibiting anti-competitive business conduxt, if:

  1. The activity contributes to production or distribution of goods or services, or improves efficiency. E.g. by facilitating technological development through a combined research and development effort or collaboration which can improve information dissemination.
  2. The activity is indispensable to the improvement of production or distribution of goods or services, or technical economic progress
  3. The collaboration does not result in the elimination of competition in respect of a substantial part of the market for the goods or services concerned.
The Treaty further provides for exclusions and exemptions for:
  1. Associations of Employees
  2. Collective Bargaining Arrangements
  3. Professional Associations
  4. Specific Sectors or Enterprises or Groups of Enterprises
  5. Approved Exemptions for Individual Member States
  6. The De Minimis Rule
Associations of Employees
Employees may cooperate and coordinate their activities for their own reasonable protection as employess
Collective Bargaining Arrangements
Collective Bargaining may be undertaken for the expressed purpose of fixing terms and conditions for employment
Professional Associations
The CARICOM Competition Commission may exempt activities of professional associations designed to develop and enforce professional standards of competence reasonably necessary for the protection of the public.
Specific Sectors or Enterprises or Groups of Enterprises
The Council for Trade & economic Development has the authority b to exclude or suspend from the compliance with the competition rules specific sectors, enterprises or groups of enterprises. This on the basis on public interest or for development considerations.
Approved Exemptions for Individual Member States
A member state may request and be granted an exemption to the competition rules.
The De Minimis Rule
Anti-Competititve conduct or activities which have only a minimal impact on the Community Market may also be exempted.

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