Azerbaijan (October 7, 1997)

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Score = 20

Governed by: Law of the Azerbaijan Republic about Antimonopoly Activity, Law No. 526 of 1993, amended October 7, 1997. [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2(2) extends scope to legal entities of foreign countries that lead to restriction of competition in the national market.
Remedies Fines 1 Article 17 lists fines as a possible penalty for violation of the Act.
Prison Sentences 0
Divestitures 1 Article 15 says that the state can force the division of a company in the case of dominant companies placing significant restrictions on competition.
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 1 Article 17 says that companies in violation may be required to reimburse losses for violations of the Act.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 13-1 requires pre merger notification when one company is buying more than a 20% share of another.
Pre-merger 2
Post-merger 0
Merger Assessment Dominance 1 Article 13-1 lists the market shares of the merging company as a factor in merger assessment.
Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 8 prohibits acts that may limit access to products.
Abusive Acts 1 Article 8 bans several abusive acts by dominant companies
Price Setting 1 Article 8(4) prohibits price manipulation.
Discriminatory Pricing 1 Article 8(7) prohibits discriminatory pricing/conditions.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 8(3) prohibits establishing ungrounded barriers to entry.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 10(1) prohibits price setting
Tying 1 Article 10(1) prohibits tying arrangements.
Market Division 1 Article 10(1) prohibits market division.
Output Restraint 1 Article 10(1) prohibits production quotas
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 10(1) prohibits bid rigging.
Supply Refusal 1 Article 10(1) prohibits supply boycotts.
Efficiency Defense 0

References

  1. Translated Act on Global Competition Forum website, http://www.globalcompetitionforum.org/regions/asia/Azerbeijan/0526.pdf