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What is price fixing?

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Price fixing occurs when supposedly competing businesses agree to “fix” the prices for goods and services.

Price fixing is a serious form of anti-competitive conduct and could lead to severe penalties for the companies and individuals involved. 

Different forms of price fixing cartels

 

Competitors might agree to fix prices in the following ways:

  • Stick to a specified price or a price range
  • Fix a certain amount/percentage of price increases
  • Fix elements of price such as discounts, commissions, rebates, promotions, and credit terms
  • Adopt a standard formula to calculate prices/profit margins
  • Eliminate or reduce discounts
  • Maintain floor prices, a certain profit margin or a price schedule
  • Maintain a certain price difference between different product sizes, quantities or types of products or services
  • Not to quote a price without consulting competitors
  • Not to charge less than prevailing prices in the market


Providing competitively sensitive information to a competitor, for example, intentions to increase prices, can also be considered as a form of price fixing even in the absence of an agreement. [See “Can I share Information with my competitors?”]

What should I do?

Businesses should set the prices of their goods or services independently. They must not communicate their pricing strategies in any way with competitors.

Hypothetical examples

To learn more: