“As part of monitoring the competitive functioning of national markets, preliminary investigations carried out by the competent services of the Competition Council have made it possible to identify elements according to which certain owners and managers of cafes are studying a possible increase in the prices of drinks served in cafes. This information was relayed by several press sources”, indicates a press release from the Council’s interim general report.
To this end, the Competition Council recalls that, in accordance with the provisions of Law 104.12 relating to freedom of prices and competition as amended and supplemented, the setting of prices for products and services is determined by the operation of law. free competition, except in the cases established, on a restrictive basis, by the said law.
The same source also recalls that the provisions of the aforementioned law 104.12 prohibit concerted actions, conventions, understandings or explicit or implicit coalitions, whatever their form or cause. They are prohibited when their purpose or may have the effect of preventing, restricting or distorting competition on a market, in particular, when they aim to obstruct the formation of prices through free play. of the market by artificially promoting their rise or fall.
Therefore, professionals or their organizations do not have the right to discuss any matter directly or indirectly related to prices or applicable profit margins, or to set them.
“In view of the above and if the above-mentioned facts are proven, the Competition Council will proceed to open an investigation on this subject and will take all the legal provisions and measures devolved to it, in accordance with its missions and constitutional and legislative attributions”, concludes the press release.