Section 41: Horizontal agreements

41. Horizontal agreements (1) For the purposes of this section, an agreement, or a provision of such agreement, shall be collusive if— (a) it exists between enterprises that supply goods or services of the same description, or acquire goods or services of the same description; (b) it has the object or effect of, in any way— (i) fixing the selling or purchase prices of the goods or services; (ii) sharing markets or sources of the supply of the goods or services; or (iii) restricting the supply of the goods or services to, or the acquisition of them from, any person; and (c) it significantly prevents, restricts or distorts competition. (2) Any agreement, or provision of such agreement, which is collusive under this section shall be prohibited and void. (S. 41 came into operation on 25 November 2009.)