Syria, 2008

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Score = 24

Governed by: Law on Competition and the Prevention of Monopoly (Law 7 of 2008)[1] ("the statute").

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 3(D) of the statute states that it applies to extraterritorial activities which affect the Syrian market.
Remedies Fines 1 Articles 23(A) and (B) provide for fines.
Prison Sentences 0
Divestitures 1 Article 14(A)(3) provides for divestitures of certain mergers.
Private Enforcement Third Party Initiation 1 Article 17 permits consumers and Chambers of Commerce to ask the council to investigate violations.
Remedies Available to 3rd Parties 1 Art. 26 affords injured third parties a civil action.
3rd Party Rights in Proceedings 1 Article 10D says that interested third parties may submit writings to the Ministers on proposed mergers.
Merger Notification Voluntary 0
Mandatory 3 Article 9(B) provides for mandatory, pre-merger notification for certain mergers.
Pre-merger 2 Article 9(B) provides for mandatory, pre-merger notification for certain mergers.
Post-merger 0
Merger Assessment Dominance 1 Articles 9(A) and (B) state that strengthening a dominant position is a factor in merger analysis
Restriction of Competition 1 Articles 9(A) and (B) state that the effects on competition are considerations in merger analysis
Public Interest (Pro D) 1 Article 14(A)(1) states that a merger may be allowed if there are public interest justifications for it.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 14(A)(1) states that a efficiency considerations may play a role in deciding to grant a merger.
Dominance Limits Access 1 Article 6 prohibits using a dominant position to limit market access.
Abusive Acts 1 Article 6 bans abuse of a dominant position
Price Setting 1 Article 6(A) bans price setting.


Discriminatory Pricing 1 Articles 6(C) and 8(A)(2) ban discriminatory pricing.
Resale Price Maintenance 1 Articles 6(A) and 8(A)(1) ban resale price maintenance.
Obstacles to Entry 1 Article 6 bans the creation of obstacles to entry
Efficiency Defense 1 Article 7(B) allows for otherwise prohibited practices if they contribute to efficiency.
Restrictive Trade Practices Price Fixing 1 Article 5(1) bans price fixing
Tying 0
Market Division 1 Article 5(3) bans market division.
Output Restraint 1 Article 5(4) bans output restraint.
Market Sharing 0
Eliminating Competitors 1 Article 5(8) prohibits agreements which deny access to supplies and arrangements crucial to competition. Article 6B bans dominant companies from selling below cost to drive competitors from the market.
Collusive Tendering/Bid-Rigging 1 Article 5(2) bans bid-rigging.
Supply Refusal 1 Article 5(6) bans agreements refusing to supply.
Efficiency Defense 1 Article 5(c) provides for an efficiency defense of otherwise prohibited practices.

References

  1. law available in Arabic from the Carnegie Endowment for International Peace and The Syria Report, at http://www.syria-report.com/doc/Competition_and_Anti-Trust_Law.pdf - Google translate was used to translate the statute into English.