Uzbekistan 1996

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Score = 24

Governed by: Law of the Republic of Uzbekistan on Competition and Restriction of Monopolistic Activity at the Markets of 27 December 1996 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2 says that the Act will apply to activities outside of Uzbekistan that have an effect in the country.
Remedies Fines 1 Article 18 allows the Commission to impose fines for violations of the Act.
Prison Sentences 0
Divestitures 1 Article 16 allows the Commission to impose compulsory divestiture in the case of a dominant undertaking infringing the antimonopoly legislation.
Private Enforcement 3rd Party Initiation 1 Article 20 allows other undertakings to make complaints to initiate proceedings.
Remedies Available to 3rd Parties 1 Article 19 provides a cause of action for damages for injured 3rd parties.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 14 requires mergers to be approved by the Commission.
Pre-merger 2 Permission for the merger must be received before it can go through so notification must come prior to the merger.
Post-merger 0
Merger Assessment Dominance 1 Article 14 says that the Commission can reject the merger application if it will lead to a dominant position.
Restriction of Competition 1 Article 14 says that the Commission can reject a merger application if it will lead to a restriction of competition.
Public Interest (Pro D) 1 Article 14 says that the Commission can allow an otherwise impermissible merger when it will give appreciable benefits to consumers.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 14 says that the Commission can allow an otherwise impermissible merger when it will promote improvement of trade conditions.
Dominance Limits Access 1 Article 5 prohibits dominant undertakings from withdrawing goods from the market.
Abusive Acts 1 Article 5 prohibits the abuse of a dominant position.
Price Setting 1 Article 5 prohibits imposing price setting.
Discriminatory Pricing 1 Article 5 prohibits the imposition of discriminatory contract conditions.
Resale Price Maintenance 1 Article 6 prohibits resale price maintenance.
Obstacles to Entry 1 Article 5 prohibits the creation of barriers to entry.
Efficiency Defense 1 Article 5 allows an efficiency defense for when the otherwise prohibited actions will lead to positive economic consequences.
Restrictive Trade Practices Price Fixing 1 Article 6 prohibits price fixing.
Tying 1 Article 5 prohibits, "The consent to sign a contract only under condition of additional purchase or sale by the contractor of other goods or abstention of the contractor from purchase of the goods from other undertakings or sale of the goods to other undertakings."
Market Division 1 Article 6 prohibits market division.
Output Restraint 1 Article 6 prohibits output restraint.
Market Sharing 1 Article 6 prohibits market sharing.
Eliminating Competitors 1 Article 6 prohibits agreements to eliminate other undertakings from the market.
Collusive Tendering/Bid-Rigging 1 Article 6 prohibits collusive tendering.
Supply Refusal 0
Efficiency Defense 1 Article 6 provides an efficiency defense for otherwise impermissible agreements that will improve trade conditions or increase competitiveness.

References

  1. http://www.globalcompetitionforum.org/regions/asia/Uzbekistan/competition.pdf