Under the Competition Act, which activity constitutes an offense?

• A. Advertising exclusively regionally
• B. Negotiating commission with the seller
• C. Competing openly on commissions
• D. Setting, fixing, maintaining or controlling prices

Answer: (D)

Under competition law, agreements among competitors to fix prices are illegal because they remove price competition and harm consumers. Setting, fixing, maintaining, or controlling prices describes coordinated actions to keep prices at a certain level, which amounts to collusion and is a prohibited offense under the Competition Act. The other activities described—advertising regionally, negotiating commissions with the seller, and competing openly on commissions—do not inherently involve price coordination and can be legitimate competitive practices unless they cross into anti-competitive conduct such as collusion. Therefore, the activity that constitutes an offense is the one about setting or fixing prices.