GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Nicholas Isola, James Castle and Louise Anne Turnock, ISOLAS LLP
merger situation may be given to the Gibraltar Competition and Markets Authority (GCMA) on a voluntary basis. Any such notice must contain the information and be in the form prescribed by the GCMA. Where the GCMA is satisfied that a merger notice meets the requirements set out in the Act, the GCMA must give notice to that effect to the person who gave the merger notice. In the absence of an extension, the GCMA is required, so far as is practicable, to take such action as it considers appropriate to bring the existence of the proposal, the fact that the merger notice has been given and the date on which the period for considering the notice may expire to the attention of those whom the GCMA considers would be affected if the arrangements were carried into effect within 40 working days, beginning with: • the first working day after the day on which the GCMA gives notice to the person who gave the merger notice; or • the first working day after the day on which the GCMA informs the person carrying on the enterprises concerned by the notice that it has sufficient information to enable it to bring an investigation. The GCMA may extend the initial period if it considers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice under Section 168 requiring them to attend as a witness and pro - duce documents in relation to the case in ques - tion. 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 implemented, arrangements of the fol - lowing kind relating to at least two undertakings (“A” and ”B”). The arrangements must be ones which, if oper - ating 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 service; • limit or prevent supply by A in Gibraltar of a product or service; • limit or prevent production by A in Gibraltar of a product; • divide between A and B the supply in Gibral - tar 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 prod - uct or service in Gibraltar, or for the produc - tion 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 arrange - ments. 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 sup - ply by B in Gibraltar (other than to A) of the product or service; • limit or prevent supply by B in Gibraltar of a product or service; or • limit or prevent production of the product by B in Gibraltar.
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