GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Adrian Pilcher, Nicholas Isola, Danielle Victor, James Castle, Louise Anne Turnock and Danielle Curtis, ISOLAS LLP
as a witness and produce documents in relation to the case in question. 6.3 Cartels Under Part VI of the Act, an individual is guilty of an offence if they agree with one or more other persons to make or implement, or cause to be made or imple - mented, arrangements of the following kind relating to at least two undertakings (“A” and “B”). The arrangements must be ones which, if operating as the parties to the agreement intend, would: • directly or indirectly fix a price for the supply by A in Gibraltar (other than to B) of a product or ser - vice; • limit or prevent supply by A in Gibraltar of a prod - uct or service; • limit or prevent production by A in Gibraltar of a product; • divide between A and B the supply in Gibraltar of a product or service to a customer or customers; • divide between A and B customers for the supply in Gibraltar of a product or service; or • be an arrangement under which, in response to a request for bids for the supply of a product or ser - vice in Gibraltar, or for the production of a product in Gibraltar (i) A but not B may make a bid, or (ii) A and B may each make a bid but, in one case or both, only a bid arrived at in accordance with the arrangements. Unless one of the last three points as set out above apply, the arrangements must also be ones which, if operating as the parties to the agreement intend, would: • directly or indirectly fix a price for the supply by B in Gibraltar (other than to A) of the product or service; • limit or prevent supply by B in Gibraltar of a prod - uct or service; or • limit or prevent production of the product by B in Gibraltar. Any person that is guilty of a cartel offence is liable:
• on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or both; • on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceed - ing the statutory maximum (GBP10,000), or to both. Proceedings for a cartel offence may only be instituted with the consent of the Attorney General and no pro - ceedings may be brought in respect of an agreement outside Gibraltar, unless it has been implemented in whole or in part in Gibraltar. The GCMA has the power to conduct an investigation if there are reasonable grounds for suspecting that a Under Chapter 2 of the Act, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position within a market is pro - hibited if it may affect trade within Gibraltar. For the purpose of the Act, conduct may constitute such an abuse if it consists of: • directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; • limiting production, markets or technical develop - ment to the prejudice of consumers; • applying dissimilar conditions to equivalent trans - actions with other trading parties, thereby placing them at a competitive disadvantage; or • making 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 the contract. The prohibition set out above is subject to certain exclusions. These exclusions cover a number of sce - narios including: services of general economic inter - est, compliance with legal requirements, avoidance of conflicts with international obligations and reasons of public policy. cartel offence has been committed. 6.4 Abuse of Dominant Position Where the GCMA has reasonable grounds for sus - pecting that the prohibition has been infringed, it may conduct an investigation. If the GCMA forms a
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