s.66Agreements, etc. preventing, restricting or distorting competition
66
Section 66Part 12 — Anti-competitive practices

Agreements, etc. preventing, restricting or distorting competition

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66. (1) Agreements by or between sectoral providers or between one or more sectoral providers and any other person, decisions by sectoral providers or concerted practices which —
may affect trade in the Islands; and
have as their object or effect the prevention, restriction or distortion of competition in the markets and sectors for which the Office has responsibility subject to this Act, are prohibited.
Subsection (1) applies, in particular, to agreements, arrangements, decisions or practices which —
directly or indirectly fix purchase or selling prices or any other trading conditions;
limit or control production, markets, technical development or investment;
share markets or sources of supply;
apply dissimilar conditions to equivalent transactions with other parties, thereby placing them at a competitive disadvantage; or
make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
Subsection (1) applies only if the agreement, arrangement, decision or practice is, or is intended to be, implemented in the Islands or is, or is intended to be, Section 67 Utility Regulation and Competition Act (2024 Revision) Page 48 Revised as at 31st December, 2023 c implemented in such other manner as will affect the operation of any sectoral utility service in the Islands.
Any agreement, arrangement, or decision which is prohibited by subsection (1) is void.
A provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by a sectoral provider or a concerted practice, but with any necessary modifications unless the context otherwise requires.
In this section — “the Islands” means, in relation to an agreement which operates or is intended to operate only in a part of the Islands, that part.

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