Cyprus (1999)

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Score = 23

Governed by: The Protection of Competition Law of 1989 (Law 207 of 1989)[1] and the Law to Provide for the Control of Concentrations between Enterprises for the Purposes of Protection of Effective Competition of 1999.[2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 3 says that the law apples to anything that has the effect of restricting competition in the market.
Remedies Fines 1 Article 22(b) allows the Commission to impose fines for violations of Articles 4 and 6.
Prison Sentences 1 Article 32 allows imprisonment for refusing to comply with injunctions pertaining to Articles 4 and 6.
Divestitures 1 Article 42 allows for partial or full dissolution of a concentration.
Private Enforcement 3rd Party Initiation 1 Article 16 and Article 22 allows 3rd parties to file an application with the Commission to initiate proceedings.
Remedies Available to 3rd Parties 1 Article 35 allows injured parties to bring suits for damages.
3rd Party Rights in Proceedings 1 Article 16(5) allows interested 3rd parties to participate in the hearings.
Merger Notification Voluntary 0
Mandatory 3 Article 9 of the Concentrations Act says that a merger does not come into effect until approval from the commission is received.
Pre-merger 2 Article 9 of the Concentrations Act says that a merger does not come into effect until approval from the commission is received.
Post-merger 0
Merger Assessment Dominance 1 Article 10 of the Concentration Act says that a merger that creates a dominant market position is prohibited.
Restriction of Competition 1 Article 12 considers the structure of the market


Public Interest (Pro D) 1 Article 36 of the Concentration Act allows the Minister to declare an otherwise impermissible merger allowed because it is of major public interest.
Public Interest (Pro Authority) 1 Article 12 allows the commission to look at negative effects on intermediate and final consumers.
Other 0
Efficiency 1 Article 36 of the Concentration Act allows the Minister to declare an otherwise impermissible merger allowed because of its effects on efficiency.
Dominance Limits Access 1 Article 6(2)(b) prohibits restricting the market to consumers.
Abusive Acts 1 Article 6(1) prohibits the abuse of a dominant position.
Price Setting 1 Article 6(2)(a) prohibits price setting.
Discriminatory Pricing 1 Article 6(2)(c) prohibits the imposition of discriminatory conditions and prices.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 4(1)(a) prohibits price fixing.
Tying 1 Article 4(1)(e) prohibits tying arrangements.
Market Division 1 Article 4(1)(c) prohibits market division.
Output Restraint 1 Article 4(1)(b) prohibits output restraint.
Market Sharing 0
Eliminating Competitors 1 Article 4(1) prohibits agreements that attempt "elimination, restriction or distortion of competition"
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 5(1) allows certain agreements prohibited in Article 4 when they contribute to the economy.

References

  1. Cyprus Competition Website, http://www.competition.gov.cy/competition/competition.nsf/All/F4BFF0B315A2D8DAC2256C8E003C0C2C/$file/L.%20207-89eng..pdf?OpenElement
  2. Cyprus Competition Website, http://www.competition.gov.cy/competition/competition.nsf/All/5790CF902F3E4AA5C2256F01003CF9A7/$file/concentration.pdf?OpenElement