The Executive Director of the Competition Commission has initiated a temporary Guidance Programme ( ‘Guidance to business on proposed Covid19-related collaboration’) under which businesses will – upon request made to the Executive Director – be provided with guidance on their proposed Covid19-related collaborations.
The Guidance Programme has been adopted in the context of the current Covid19 situation affecting businesses and with the view to spur recovery of the economy in general and to ensure that markets continue to deliver for consumers.
The Executive Director will provide informal and non-binding guidance as to whether the proposed collaboration (agreement) may be pursued or whether it is likely to be contrary to the prohibition on cartels under sub part I of Part III of the Competition Act 2007. The Guidance Programme thus offers businesses with an opportunity to have their proposed collaborations reviewed before they implement it and therefore assuring that their activities remain within the remit of the Competition Act.
The main conditions of the Programme are that the collaboration must be in response to the Covid19 situation and secondly, the collaboration is only at proposal stage and has not yet been implemented.