Competition (Antitrust) Clause Samples

Competition (Antitrust). (a) To the Sellers’ knowledge, no Acquired Entity or Affiliates is, or has been, a party to any agreement, arrangement, understanding or concerted practice: (i) which infringes, or has infringed, any applicable competition law; (ii) in respect of which any filing, registration or notification is or was required by, or is or, was advisable pursuant to, any applicable competition law (whether or not the same has in fact been made); (iii) which is, or was, the subject of a notice of investigation under any applicable competition law; or (iv) in connection with which it has been subject to an order or directions or has given any undertakings or commitments or assurances under any applicable competition law. (b) To the Sellers’ knowledge, there is, and has been, no aspect of the conduct of the business of any Acquired Entity or Affiliates (including refusals or omissions to act, and actions which constitute or may give rise to a concentration, merger or similar transaction) in respect of which any of Sections 3.34(a)(i) to (a)(iv) applies. (c) No Acquired Entity or Affiliates has any reason to believe that any action or investigation under any applicable competition law will be taken against any of them in relation to any of their current activities. (d) For the purposes of this Section 3.34, the term “applicable competition law” means all competition laws applicable to the business of any Acquired Entity or Affiliates, whether of the United Kingdom, the European Union or any other jurisdiction, and includes (but is not limited to) any applicable rules dealing with anti-competitive agreements, arrangements or practices, abuse of dominant position, state aid, public procurement, merger control, or anti-dumping, and the requirements of any special regulatory regime to which any Acquired Entity or Affiliates is be subject in any area of its activities.