Greenland (2007)

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Score = 15

Governed by: Greenland Parliament Law No. 16, 19 November 2007 on Competition (herein referred to as "Competition Act").[1][2]


Category Subcategory Score Comment
Scope Extraterritoriality 0 This law "covers all forms of business activities and support using public funds for business activities." Article 2.
Remedies Fines 1 Chapter 9 provides for fines for violations to the Competition Act.
Prison Sentences 0
Divestitures 1 Chapter 7, Section 19 allows the Competition Tribunal to order divesture.
Private Enforcement 3rd Party Initiation 0 The Competition Tribunal can deal with a case of its own motion, after notification or on the basis of a complaint. Chapter 7, Section 17. [No provision is made for a private right of action.]
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Chapter 5, Section 14 requires notice of mergers.
Pre-merger 0
Post-merger 1 Chapter 5, Section 14 requires notice of mergers, but does not specify when the notice must be given.
Merger Assessment Dominance 0
Restriction of Competition 1 Chapter 2, Article 6 prohibits companies to conclude agreements which directly or indirectly, have the purpose or effect of restricting competition.
Public Interest (Pro D) 1 Chapter 2, Article 8 exempts associations of undertakings or concerted practices between firms from the prohibition in Article 6, paragraph 1, if the Competition Tribunal considers that they: 1) contribute to strengthening the efficiency of production or distribution of goods or services or promote technical or economic development, 2) allow consumers a fair share of [benefit], 3) do not impose restrictions on companies that are unnecessary to achieve these goals, and 4) do not enable companies to eliminate competition for a substantial portion of the goods or services.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Chapter 2, Article 8(1) allows for associations of undertakings or concerted practices between firms that contribute to strengthening the efficiency of production or distribution of goods or services.
Dominance Limits Access 0
Abusive Acts 1 It is forbidden for one or several companies to abuse a dominant position. Chapter 3, Section 11.
Price Setting 1 Chapter 3, Section 11, Paragraph 2(1) prohibits directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions.
Discriminatory Pricing 1 Chapter 2, Article 6, Paragraph 2(4) and Chapter 3, Section 11, Paragraph 2(4) prohibits use of dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage.
Resale Price Maintenance 1 Chapter 2, Article 6, Paragraph 2(7) prohibits the determining of resale price or otherwise seek to have one or more trading partners not to depart from indicative prices.
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Chapter 2, Article 7, Paragraph 2(1) prohibits companies, or an association of companies by agreement, from coordinating or adopting prices or profit margins for the sale or resale of goods or services.
Tying 1 Chapter 2, Article 6, Paragraph 2(4) and Chapter 3, Section 11, Paragraph 2(4) prohibits supplementary obligations as conditions for concluding an agreement, when the supplementary obligations, by their nature or according to commercial usage, have no connection with the subject.
Market Division 1 Chapter 2, Article 6, Paragraph 2(3) prohibits the division of markets or sources.
Output Restraint 1 Chapter 2, Article 6, Paragraph 2(2) and Chapter 3, Section 11, Paragraph 2(2) prohibits limiting production, markets or technical development to the detriment of consumers.
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Chapter 2, Section 7, Paragraph 2(2) prohibits collusive tendering or bid-rigging.
Supply Refusal 0
Efficiency Defense 0

References

  1. http://www.unammineq.gl/index.asp?lang=dk&num=257
  2. Translation from Danish to English is available through Google Translate, at http://translate.google.com/translate?u=http%3A%2F%2Fwww.unammineq.gl%2Findex.asp%3Flang%3Ddk%26num%3D257&hl=en&ie=UTF-8&sl=auto&tl=en