ECONOMIC AND COMMERCIAL REGULATIONS COMPETITION AND COMMERCIAL PRACTICES The New Caledonian Competition Authority, an independent administrative authority, issues opinions and makes decisions on competition regulation. It punishes anti-competitive and competition-restricting practices in order to protect consumers and guarantee free competition between professionals. It contributes to the legal certainty of commercial relations. For more information, click here Anti-competitive practices The main commercial practices prohibited in New Caledonia are: cartels, abuse of a dominant position, exclusive import rights and abuse of a commercial partner's state of economic dependence. For more information, click here Restrictive commercial practices The main restrictive practices prohibited in New Caledonia are: abuse of dependence, unpaid-for advantages, non-compliance with payment deadlines, the absence of invoicing and a single agreement, unjustified refusal to sell, resale below cost and the threat or abusive termination of commercial relations. For more information, click here Checks are carried out frequently, and any infringement may result in the professional concerned being fined by the Competition Authority. Commercial town planning Under provincial jurisdiction, it ensures the balanced development of the various forms of commerce (diversified supply, consumer needs, job preservation, quality town planning, etc.). Authorisation is required for the opening of a retail establishment or commercial complex of more than 300m2. Sales A regulatory framework applies to commercial practices such as liquidations, unpacking sales and sales. 7 REGULATORY CONTEXT 75
RkJQdWJsaXNoZXIy MjE1NDI=