Преглед на практиката по установяване на противоправно налагане на „препоръчителни”, „минимални” и „ориентировъчни” цени в рамките на сдружения на предприятия и санкционирането на сдруженията за този вид нарушения
Review of the Practice on the Establishment of Unlawful Imposition of "Recommended", "Minimum", "Guidance" Prices within Associations of Undertakings and Associations of Sanctioning Such Violations

Summary/Abstract: Unlawful imposition of prices is a fundamental issue in Competition Law theory and practice, both at national and at a European level. The price is one of the major elements of competition between undertakings in the relevant market, along with the quality and variety of goods. Therefore, from a competition perspective it is essential for any undertaking to be independent in its trade and commercial policy. In this sense, both national and European competition law establishes explicit prohibitions on agreements between undertakings, decisions by associations of undertakings and concerted practices of two or more undertakings which have as their object or effect the prevention, restriction or distortion of competition to the relevant market such as the direct or indirect fixation ofprices. Concerted fixing ofprices between two or more undertakings or a decision by an association of undertakings aimed at fixing prices of certain goods or services are considered one of the worst forms of distortion of competition, which carry a negative charge such that there is a presumption of unlawfulness before have produced specific anti-competitive effects in the relevant market. Therefore, they are among the distortions of competition per se (consideredfor violations themselves). However, not always, in all cases, the determination of prices is considered anti-competitive and therefore illegal. Thus, for example, under Regulation (EC) № 330/2010 of 20 April 2010 did not constitute an infringement of competition in itself providing a list of recommended prices or maximum prices by the supplier to the buyer. This article aims to present practice of the European Commission (EC), the national competition authorities (NCAs) of the Member States of the European Union and the Court of Justice of the EU on the determination of prices and - particularly those cases where even theimposition of "recommended" minimum prices is proven illegal by the authorities. The perspective of the article will bade unlawful imposition of prices within associations of undertakings specifically

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