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Refusal to deal

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Potentially unlawful anti-competitive practice
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Competition law
Basic concepts
Anti-competitive practices
Competition regulators

Though in general, each business may decide with whom they wish to transact, there are some situations when arefusal to deal may be considered an unlawfulanti-competitive practice, if it prevents or reducescompetition in amarket. The unlawful behaviour may involve two or more companies refusing to use, buy from or otherwise deal with a person or business, such as a competitor, for the purpose of inflicting some economic loss on the target or otherwise force them out of the market. A refusal to deal (also known as a groupboycott) is forbidden in some countries which have restricted market economies, though the actual acts or situations which may constitute such unacceptable behaviour may vary significantly between jurisdictions.

Definitions

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Australian Competition & Consumer Commission defines the refusal to deal as:

Agreements involvingcompetitors that involve restricting the supply of goods are prohibited if they have the purpose or effect of substantially lesseningcompetition in a market in which the businesses operate.

— Australian Competition & Consumer Commission, Refusal to deal[1]

The Indian Competition Act 2002 defines the refusal to deal as:

"Refusal to deal" includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought

— The Competition Act, 2002 (India) S4-d

In Canada, refusal to deal is considered a restrictive trade practice and is defined in Section 75 of the Competition Act (R.S.C., 1985, c. C-34).

See also

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References

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  1. ^Australian Competition and Consumer Commission (1 January 2007).Refusal to deal. ACCC Publishing Unit.ISBN 978-1-921227-28-8.


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