AntitrustWorldWiki - User contributions [en]

Country update lists

2008-08-06T16:23:26Z

KNovak:

{| style="background:white" border="1" cellpadding="5" cellspacing="0" align="center" width="100%"
|- style="background:lightblue"
! Country
! Content
! Added
! Checker
! Checked

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| Afghanistan
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| '''Albania'''
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| '''Algeria'''
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| Andorra
| Helen
| Seems to be no competition law (checked Andorran gazette (it's in Catalan) & found no laws; no other sources indicate competition laws, Global competition forum says no CL).
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| '''Angola'''
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| Anguilla
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| Antigua and Barbuda
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| '''Argentina'''
| Katerina
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| '''Armenia'''
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| Aruba
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| '''Australia'''
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| '''Austria'''
| Lynne
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| '''Azerbaijan'''
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| Bahamas
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| Bahrain
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| '''Bangladesh'''
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| '''Barbados'''
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| '''Belarus'''
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| '''Belgium'''
| Marc
| Coded 2006, added to penalties page.
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| Belize
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| Benin
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| Bermuda
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| Bhutan
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| '''Bolivia'''
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| '''Bosnia and Herzegovina'''
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| Botswana
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| As of July, 2008, no competition law - HC
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| '''Brazil'''
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| British Virgin Islands
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| Brunei
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| '''Bulgaria'''
| Helen
| Cbanged scoring on 2003 re: divestitures, efficiency defense for mergers, and third party rights in proceedings. Coded EU.
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| '''Burkina Faso'''
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| Burma(Myanmar)
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| Burundi
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| Cambodia
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| '''Cameroon'''
| Helen
| Appears to be current. Couldn't find mention of additional statutes or amendments. An earlier statute is available in French @ http://www.spm.gov.cm/showtexte.php?idtexte=144&lang=en. Translated with Google/internet translation engines and added to Wiki page. '''Would like to get it checked, but also want to wait until human French/English translation available.''' Changed scoring on modern statute re: 3rd party rights and market sharing.
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| '''Canada'''
| Helen
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| Cape Verde
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| Cayman Islands
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| Central African Republic
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| Chad
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| '''Chile'''
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| '''China'''
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| Christmas Island
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| '''Colombia'''
| Marc
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| Comoros
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| Congo,Democratic Republic of
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| Congo, Republic of
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| Cook islands
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| '''Costa Rica'''
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| '''Cote d'Ivoire'''
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| '''Croatia'''
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| Cuba
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| No competition law in force, HEC
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| '''Cyprus'''
| Lynne
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| '''Czech Republic'''
| Katerina
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| '''Denmark'''
| Katerina
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| Djibouti
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| Dominica
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| '''Dominican Republic'''
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| '''Ecuador'''
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| '''Egypt'''
| Marc
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| '''El Salvador'''
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| Equatorial Guinea
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| Eritrea
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| '''Estonia'''
|Marc
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|Ethiopia
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| '''Faroe Island'''
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| '''Fiji'''
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| '''Finland'''
|Katarina
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| '''France'''
|Helen
| Coded 2005, added (small, noncoded) page for 1810; added 1953, 63, 77, 86. Added to penalties page.
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| French Polynesia
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| Gabon
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| The Gambia
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| Gaza Strip
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| '''Georgia'''
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| '''Germany'''
|Germany
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| Ghana
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| Gibraltar
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| '''Greece'''
| Lynne
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| Greenland
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| Grenada
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| Guadeloupe
| Helen
| overseas department of France, citizens are citizens of France, mostly under French law with limited self-government.
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| '''Guatemala'''
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| Guernsey
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| Guinea
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| Guinea-Bisseau
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| '''Guyana'''
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| Haiti
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| No competition law - HEC
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| '''Honduras'''
| Katerina
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| '''Hong Kong'''
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| '''Hungary'''
|Katerina
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| '''Iceland'''
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| '''India'''
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| '''Indonesia'''
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| '''Iran'''
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| Iraq
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| '''Ireland'''
| Marc
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| Isle of Man
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| '''Israel'''
| Marc
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| '''Italy'''
|Lynne
| Added current statute.
| Helen
| 2007

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| '''Jersey Channel Islands'''
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| '''Jamaica'''
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| '''Japan'''
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| '''Jordan'''
| Marc
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| '''Kazakhstan'''
| Helen
| Added most recent statute, added to penalty lists.
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| '''Kenya'''
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| Kiribati
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| Kosovo
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| Kuwait
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| '''Kyrgyzstan'''
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| '''Laos'''
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| '''Latvia'''
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| Lebanon
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| Lesotho
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| Liberia
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| Libya
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| Liechtenstein
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| '''Lithuania'''
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| '''Luxembourg'''
|Lynne
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| Macau
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| '''Macedonia'''
|Helen
|Added 2005-2007 statutes to page. Added to penalties page.
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| Madagascar
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| '''Malawi'''
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| Malaysia
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| '''Mali'''
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| '''Malta'''
| Helen
|Added 2007. Coded the EU section
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| Marshall Islands
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| Martinique
| Helen
| Overseas department of France, citizens are French nationals, mostly under French law with limited self-government.
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| Mauritania
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| '''Mauritius'''
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| '''Mexico'''
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| Micronesia
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| '''Moldova'''
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| Monaco
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| '''Mongolia'''
| Helen
| Coded 2000. Added to penalties page.
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| '''Montenegro'''
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| "Morocco"
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| Mozambique
| Helen - no competition law in force (scheduled to arrive this summer)
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| '''Namibia'''
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| Nauru
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| Nepal
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| '''Netherlands'''
|Marc
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| Netherlands Antilles
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| '''New Zealand'''
| Helen
| Added most recent statute, added to penalties page, added 1986 statute.
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| "Nicaragua"
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| Niger
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| '''Nigeria'''
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| Niue
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| Northern Mariana Islands
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| '''Norway'''
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| Oman
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| '''Pakistan'''
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| Palau
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| '''Panama'''
|Katerina
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| '''Papua New Guinea'''
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| '''Paraguay'''
|Helen
| Paraguay has no competition legislation, but it's developing one, so I'm moving it from a listing to the notes.
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|-
| '''Peru'''
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| '''Philippines'''
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| '''Poland'''
| Helen
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| '''Portugal'''
| Katerina
| EU Addition
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| "Qatar"
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| '''Romania'''
| Katerina
| EU addition
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| '''Russia'''
| Helen
| Changed scoring and references on 2002 page. Changed scoring on 2006 statute as to merger notification, bid rigging, limiting market access, and penalties.
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| Rwanda
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| Saint Helena
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| St. Kitts and Nevis
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| St. Lucia
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| St. Vincent and the Grenadines
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| Samoa
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| San Marino
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| Sao Tome and Principe
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| '''Saudi Arabia'''
| Helen
| Made changes to recent statute, added to penalties page.
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| '''Senegal'''
|
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| '''Serbia'''
| Helen
| Combined Yugoslavia/Serbia and Serbia/Montenegro into single Serbia entry (it's a separate country now). Changed scoring on 2005 Serbia statute re:third party rights. Entered penalty data into penalty page.
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| Seychelles
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| Sierra Leone
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| '''Singapore'''
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| '''Slovak Republic'''
|Katerina
|EU addition
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| '''Slovenia'''
| Helen
|Original coders had coded 2004 statute as 1999 statute, double checked the scoring, changed the date. There's a 2008 statute, but only available in Slovene, which we can't translate without a human translator. Added 2004 to penalties page. Don't want to code EU off the old statute.
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| Solomon Islands
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| Somalia
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| '''South Africa'''
|Helen
| Scored 1979, rescored 2000. Added to penalties page.
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| '''South Korea'''
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| '''Spain'''
|Katerina
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| '''Sri Lanka'''
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| Sudan
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| Suriname
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| Swaziland
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| '''Sweden'''
| Katerina
|EU addition
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| '''Switzerland'''
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| Syria
| Helen
| Coded 2008 (Syria's first competition statute), added to penalties page.
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| '''Taiwan'''
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| '''Tajikistan'''
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| '''Tanzania'''
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| '''Thailand'''
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| Timor-Leste
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| Togo
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| Tonga
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| '''Trinidad and Tobago'''
| Helen
| Added competition statute, added to penalties page.
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| '''Tunisia'''
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| '''Turkey'''
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| Turkmenistan
| Helen - can't find a competition law, and sources suggest that the state controls the economy, so finding one might be unlikely.
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| Turks and Caicos Islands
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| Tuvalu
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| Uganda
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| '''Ukraine'''
|
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| United Arab Emirates
| Lynne - has no competition law at this time, but one has been in the process of being drafted since 2006.
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| '''United Kingdom'''
|Lynne
|
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| '''United States'''
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| '''Uruguay'''
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| '''Uzbekistan'''
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| Vanuatu
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| '''Venezuela'''
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| '''Vietnam'''
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| West Bank
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| Yemen
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| '''Zambia'''
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| '''Zimbabwe'''
| Helen
| No earlier statutes than 1996. No later statutes than 2001. Recoded 1996 and 2001. Added to penalties page.
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|}

----
<references />

Slovak Republic/EU, 2004

2008-08-06T16:21:31Z

KNovak:

'''Score = 24'''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Slovakian Competition Act''': 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended.
<ref>Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356. </ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 38 of the Slovakian Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 25(2) of the Slovakian Competition Act allows third party to initiate a Commission proceeding through a written petition.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 42 of the Slovakian Competition Act says that injured consumers can demand remedies in civil courts. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27 of the Slovakian Competition Act requires the Authority to allow 3rd parties to participate if they so request.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 10(9) of the Slovakian Competition Act requires notification of mergers.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 10(9) of the Slovakian Competition Act says that this notification must come within 30 days after an enumerated decisive act.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 12(7) of the Slovakian Competition Act lists creating or strengthening a dominant position as a reason to disallow a merger.

|-
|
| Restriction of Competition
| 1
| Article 12(7) of the Slovakian Competition Act lists imposing significant barriers on competition as the other reason to prohibit a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Slovak Republic/EU, 2004

2008-08-06T16:20:38Z

KNovak:

'''Score = '''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Slovakian Competition Act''': 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended.
<ref>Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356. </ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 38 of the Slovakian Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 25(2) of the Slovakian Competition Act allows third party to initiate a Commission proceeding through a written petition.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 42 of the Slovakian Competition Act says that injured consumers can demand remedies in civil courts. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27 of the Slovakian Competition Act requires the Authority to allow 3rd parties to participate if they so request.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 10(9) of the Slovakian Competition Act requires notification of mergers.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 10(9) of the Slovakian Competition Act says that this notification must come within 30 days after an enumerated decisive act.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 12(7) of the Slovakian Competition Act lists creating or strengthening a dominant position as a reason to disallow a merger.

|-
|
| Restriction of Competition
| 1
| Article 12(7) of the Slovakian Competition Act lists imposing significant barriers on competition as the other reason to prohibit a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Slovak Republic/EU, 2004

2008-08-06T16:20:18Z

KNovak: New page: '''Score = ''' ''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available a...

Spain/EU, 2007

2008-08-06T15:56:52Z

KNovak:

'''Score = 26'''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Spanish Competition Act''': Law no. 15/2007 of 3 July 2007.
<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 53(2)(d) of the Spanish Competition Act allows for the imposition of fines as governed by Articles 63 and following.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 53(2)(b) of the Spanish Competition Act allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 49(1) of the Spanish Competition Act allows any concerned natural or legal persons to make a complaint.

|-
|
| Remedies Available to 3rd Parties
| 1
| The preamble to the Spanish Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.<ref> Competition Act at page 4.</ref>. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 9 of the Spanish Competition Act requires mandatory notification of all concentrations.

|-
|
| Pre-merger
| 2
| Article 9 of the Spanish Competition Act requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 10(1) of the Spanish Competition Act considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors.

|-
|
| Restriction of Competition
| 1
| Article 10(1) of the Spanish Competition Act considers the possible restrictive effects on competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| 10(1)(h) of the Spanish Competition Act considers economic efficiency.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Sweden/EU, 2005

2008-08-06T15:56:00Z

KNovak:

'''Score = 24'''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Swedish Competition Act'''.<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf</ref> Updated as of 2005.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 26-28 and 57 of the Swedish Competition Act allow for fines for competition violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Articles 35 and 36 of the Swedish Competition Act allow divesting a merger deemed improper.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) of the Swedish Competition Act allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 of the Swedish Competition Act allows injured third parties a civil right of action.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 of the Swedish Competition Act requires infringing companies to pay damages to the parties injured as a result of their violations. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §37 of the Swedish Competition Act requires notifications for concentrations of large companies.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| There is no timeframe for the merger notification pursuant to the Swedish Competition Act.<ref>The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf</ref>

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.

|-
|
| Restriction of Competition
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| §34a(2)(2) of the Swedish Competition Act says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Hungary/EU, 2005

2008-08-06T15:55:10Z

KNovak:

'''Score = 27'''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Hungarian Competition Act''': Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.
<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 78 of the Hungarian Competition Act has guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 1
| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive. practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

|-
|
| Divestitures
| 1
| Article 31 of the Hungarian Competition Act allows divestiture.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 43/H(1) of the Hungarian Competition Act allows 3rd parties to complain and initiate proceedings

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 86(2)(e) of the Hungarian Competition Act allows interested parties to demand damages. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 43/H(5) of the Hungarian Competition Act allows complaining 3rd parties access to procedural documents.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 24 of the Hungarian Competition Act requires notification of mergers worth over a certain monetary threshold.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 28(2) of the Hungarian Competition Act says that the notification must offer within 30 days of the date of either the invitation to tender to the conclusion of the contract.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 30(2) of the Hungarian Competition Act says that a merger cannot be refused if it does not create or strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 30(1)(a) of the Hungarian Competition Act lists the effects on competition as one of the main factors in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Other
| 1
| Article 30(1)(b) of the Hungarian Competition Act considers internal and external competitiveness.

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Denmark/EU, 2005

2008-08-06T15:54:21Z

KNovak:

'''Score = 26 '''

''Governed by: '' '''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Danish Competition Act''': Consolidated Competition Act No. 785 of 8. August 2005.
<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| § 12(g) of the Danish Competition Act.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet.

|-
|
| Remedies Available to 3rd Parties
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| §19(2)(ii) of the Danish Competition Act allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement.

|-
|
| Pre-merger
| 2
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Restriction of Competition
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Finland/EU, 2004

2008-08-06T15:53:50Z

KNovak:

'''Score = 25 '''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Finnish Competition Act''': Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004.
<ref>''http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 7(1) of the Finnish Competition Act allows for fines for violations of Articles 4-7.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 11(i) of the Finnish Competition Act allows Competition Authority to dissolve concentrations that violate 11(d).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Under Article 18a of the Finnish Competition Act, compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 18a(1) of the Finnish Competition Act provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 11c(1) of the Finnish Competition Act requires notification.

|-
|
| Pre-merger
| 2
| Article 11c(1) of the Finnish Competition Act requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Finland/EU, 2004

2008-08-06T15:53:37Z

KNovak:

'''Score = 25 '''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Finnish Competition Act''': Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (hereinafter referred to as “Competition Act”).
<ref>''http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 7(1) of the Finnish Competition Act allows for fines for violations of Articles 4-7.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 11(i) of the Finnish Competition Act allows Competition Authority to dissolve concentrations that violate 11(d).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Under Article 18a of the Finnish Competition Act, compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 18a(1) of the Finnish Competition Act provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 11c(1) of the Finnish Competition Act requires notification.

|-
|
| Pre-merger
| 2
| Article 11c(1) of the Finnish Competition Act requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Finland/EU, 2004

2008-08-06T15:52:57Z

KNovak:

'''Score = 25 '''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Finnish Competition Law''': Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (hereinafter referred to as “Competition Act”).
<ref>''http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 7(1) of the Finnish Competition Law allows for fines for violations of Articles 4-7.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 11(i) of the Finnish Competition Law allows Competition Authority to dissolve concentrations that violate 11(d).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Under Article 18a of the Finnish Competition Authority, compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 18a(1) of the Finnish Competition Authority provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 11c(1) of the Finnish Competition Act requires notification.

|-
|
| Pre-merger
| 2
| Article 11c(1) of the Finnish Competition Act requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

European Commission

2008-08-06T15:52:06Z

KNovak:

'''Score = 27 '''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.<ref>Available at http://ec.europa.eu/comm/competition/mergers/legislation/regulations.html#merger_reg</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 8(4) of Regulation 139/2004 (EC Merger Regulation).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Council Regulation 1/2003 (Chapter III, Article 7(2))

|-
|
| Remedies Available to 3rd Parties
| 1
| Private citizens have a right to bring a civil action in a national court with adequate competence.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.

|-
|
| Pre-merger
| 2
| Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3)
|-
|
| Restriction of Competition
| 1
| EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3)

|-
|
| Public Interest (Pro D)
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b)

|-
|
| Public Interest (Pro Authority)
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b)

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Preamble to EC Merger Control Regulation 139/2004 on page 4 (para. 29).

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Czech Republic/EU, 2004

2008-08-06T15:51:38Z

KNovak:

'''Score = 24'''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Czech Competition Act''': Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll. of 5 August 2004.<ref>full text of statute found at Czech Republic Office for the Protection of Competition website, http://www.compet.cz/fileadmin/user_upload/Legislativa/legislativa_EN/Act_143_2004.doc</ref><ref>The statute has been further amended by Act Nos. 340/2004 Coll. of 4 May 2004, 127/2005 Coll. of 22 February 2005, 361/2005 Coll. of 19 August 2005, and 71/2007 Coll. of 4 April 2007. However, none of these further amendments affect the score as of August 5, 2004 as these amendments are primarily procedural rather than substantive.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 22 of the Czech Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 18(5) of the Czech Competition Act allows Commission to impose a duty to sell
interests or transfer the enterprise acquired by an unapproved concentration

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|

|-
|
| Remedies Available to 3rd Parties
| 1
| Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 15(2) of the Czech Competition Act requires notification of mergers, depending on turnover.

|-
|
| Pre-merger
| 2
| Article 15(3) of the Czech Competition Act says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 17(1) of the Czech Competition Act lists market share as a factor in merger assessment.

|-
|
| Restriction of Competition
| 1
| Article 17(1) of the Czech Competition Act lists the necessity of fostering competition as a factor in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 17(1) of the Czech Competition Act list the needs and interests of consumers as factors in merger assessment and will allow a merger if it is to the advantage of consumers.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Czech Republic/EU, 2004

2008-08-06T15:50:35Z

KNovak:

'''Score = '''

''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Czech Competition Act''': Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll. of 5 August 2004.<ref>full text of statute found at Czech Republic Office for the Protection of Competition website, http://www.compet.cz/fileadmin/user_upload/Legislativa/legislativa_EN/Act_143_2004.doc</ref><ref>The statute has been further amended by Act Nos. 340/2004 Coll. of 4 May 2004, 127/2005 Coll. of 22 February 2005, 361/2005 Coll. of 19 August 2005, and 71/2007 Coll. of 4 April 2007. However, none of these further amendments affect the score as of August 5, 2004 as these amendments are primarily procedural rather than substantive.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 22 of the Czech Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 18(5) of the Czech Competition Act allows Commission to impose a duty to sell
interests or transfer the enterprise acquired by an unapproved concentration

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|

|-
|
| Remedies Available to 3rd Parties
| 1
| Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 15(2) of the Czech Competition Act requires notification of mergers, depending on turnover.

|-
|
| Pre-merger
| 2
| Article 15(3) of the Czech Competition Act says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 17(1) of the Czech Competition Act lists market share as a factor in merger assessment.

|-
|
| Restriction of Competition
| 1
| Article 17(1) of the Czech Competition Act lists the necessity of fostering competition as a factor in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 17(1) of the Czech Competition Act list the needs and interests of consumers as factors in merger assessment and will allow a merger if it is to the advantage of consumers.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Czech Republic/EU, 2004

2008-08-06T15:50:08Z

KNovak:

Czech Republic/EU, 2004

2008-08-06T15:49:39Z

KNovak:

Czech Republic/EU, 2004

2008-08-06T15:49:15Z

KNovak:

Czech Republic/EU, 2004

2008-08-06T15:47:46Z

KNovak:

Czech Republic/EU, 2004

2008-08-06T15:46:57Z

KNovak:

Denmark/EU, 2005

2008-08-06T15:45:29Z

KNovak:

'''Score = 26 '''

''Governed by: '' '''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Danish Competition Act''': Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).
<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| § 12(g) of the Danish Competition Act.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet.

|-
|
| Remedies Available to 3rd Parties
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| §19(2)(ii) of the Danish Competition Act allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement.

|-
|
| Pre-merger
| 2
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Restriction of Competition
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Czech Republic/EU, 2004

2008-08-06T15:42:34Z

KNovak: New page: '''Score = ''' ''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll....

'''Score = '''

''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll. of 5 August 2004(hereinafter referred to as “Competition Act”).<ref>full text of statute found at Czech Republic Office for the Protection of Competition website, http://www.compet.cz/fileadmin/user_upload/Legislativa/legislativa_EN/Act_143_2004.doc</ref><ref>The statute has been further amended by Act Nos. 340/2004 Coll. of 4 May 2004, 127/2005 Coll. of 22 February 2005, 361/2005 Coll. of 19 August 2005, and 71/2007 Coll. of 4 April 2007. However, none of these further amendments affect the score as of August 5, 2004 as these amendments are primarily procedural rather than substantive.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 1(5) says that the Act applies to actions which occurred abroad if they had an effect in the Czech Republic.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 22 provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 18(5) allows Commission to impose a duty to sell
interests or transfer the enterprise acquired by an unapproved concentration

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|

|-
|
| Remedies Available to 3rd Parties
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 15(2) requires notification of mergers, depending on turnover.

|-
|
| Pre-merger
| 2
| Article 15(3) says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 17(1) lists market share as a factor in merger assessment.

|-
|
| Restriction of Competition
| 1
| Article 17(1) lists the necessity of fostering competition as a factor in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 17(1) list the needs and interests of consumers as factors in merger assessment and will allow a merger if it is to the advantage of consumers.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

Spain/EU, 2007

2008-08-06T15:41:27Z

KNovak:

'''Score = 26'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Spanish Law no. 15/2007 of 3 July 2007 (hereinafter referred to as “Competition Act”).
<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 53(2)(d) of the Spanish Competition Act allows for the imposition of fines as governed by Articles 63 and following.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 53(2)(b) of the Spanish Competition Act allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 49(1) of the Spanish Competition Act allows any concerned natural or legal persons to make a complaint.

|-
|
| Remedies Available to 3rd Parties
| 1
| The preamble to the Spanish Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.<ref> Competition Act at page 4.</ref>. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 9 of the Spanish Competition Act requires mandatory notification of all concentrations.

|-
|
| Pre-merger
| 2
| Article 9 of the Spanish Competition Act requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 10(1) of the Spanish Competition Act considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors.

|-
|
| Restriction of Competition
| 1
| Article 10(1) of the Spanish Competition Act considers the possible restrictive effects on competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| 10(1)(h) of the Spanish Competition Act considers economic efficiency.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Sweden/EU, 2005

2008-08-06T15:39:18Z

KNovak:

'''Score = 24'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Swedish Competition Act.<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf</ref> Updated as of 2005.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 26-28 and 57 of the Swedish Competition Act allow for fines for competition violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Articles 35 and 36 of the Swedish Competition Act allow divesting a merger deemed improper.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) of the Swedish Competition Act allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 of the Swedish Competition Act allows injured third parties a civil right of action.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 of the Swedish Competition Act requires infringing companies to pay damages to the parties injured as a result of their violations. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §37 of the Swedish Competition Act requires notifications for concentrations of large companies.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| There is no timeframe for the merger notification pursuant to the Swedish Competition Act.<ref>The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf</ref>

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.

|-
|
| Restriction of Competition
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| §34a(2)(2) of the Swedish Competition Act says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Sweden/EU, 2005

2008-08-06T15:38:11Z

KNovak:

'''Score = '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Swedish Competition Act.<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf</ref> Updated as of 2005.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 26-28 and 57 of the Swedish Competition Act allow for fines for competition violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Articles 35 and 36 of the Swedish Competition Act allow divesting a merger deemed improper.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) of the Swedish Competition Act allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 of the Swedish Competition Act allows injured third parties a civil right of action.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 of the Swedish Competition Act requires infringing companies to pay damages to the parties injured as a result of their violations. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §37 of the Swedish Competition Act requires notifications for concentrations of large companies.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| There is no timeframe for the merger notification pursuant to the Swedish Competition Act.<ref>The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf</ref>

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.

|-
|
| Restriction of Competition
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| §34a(2)(2) of the Swedish Competition Act says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Sweden/EU, 2005

2008-08-06T15:37:45Z

KNovak:

Sweden/EU, 2005

2008-08-06T15:37:32Z

KNovak:

'''Score = 21'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Swedish Competition Act.<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf</ref> Updated as of 2005.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 26-28 and 57 of the Swedish Competition Act allow for fines for competition violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Articles 35 and 36 of the Swedish Competition Act allow divesting a merger deemed improper.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) of the Swedish Competition Act allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 of the Swedish Competition Act allows injured third parties a civil right of action.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 of the Swedish Competition Act requires infringing companies to pay damages to the parties injured as a result of their violations. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §37 of the Swedish Competition Act requires notifications for concentrations of large companies.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| There is no timeframe for the merger notification pursuant to the Swedish Competition Act.<ref>The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf</ref>

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.

|-
|
| Restriction of Competition
| 1
| §34a(2)(1) of the Swedish Competition Act prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| §34a(2)(2) of the Swedish Competition Act says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

Sweden/EU, 2005

2008-08-06T15:35:46Z

KNovak: New page: '''Score = 21''' ''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at h...

'''Score = 21'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Swedish Competition Act.<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf</ref> Updated as of 2005.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 26-28 and 57 of the Swedish Competition Act allow for fines for competition violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Articles 35 and 36 of the Swedish Competition Act allow divesting a merger deemed improper.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) of the Swedish Competition Act allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 of the Swedish Competition Act allows injured third parties a civil right of action.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 of the Swedish Competition Act requires infringing companies to pay damages to the parties injured as a result of their violations. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §37 requires notifications for concentrations of large companies.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| There is no timeframe for the merger notification.<ref>The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf</ref>

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §34a(2)(1) prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.

|-
|
| Restriction of Competition
| 1
| §34a(2)(1) prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| §34a(2)(2) says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

Hungary/EU, 2005

2008-08-06T15:35:06Z

KNovak:

'''Score = 27'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.
<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 78 of the Hungarian Competition Act has guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 1
| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive. practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

|-
|
| Divestitures
| 1
| Article 31 of the Hungarian Competition Act allows divestiture.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 43/H(1) of the Hungarian Competition Act allows 3rd parties to complain and initiate proceedings

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 86(2)(e) of the Hungarian Competition Act allows interested parties to demand damages. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 43/H(5) of the Hungarian Competition Act allows complaining 3rd parties access to procedural documents.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 24 of the Hungarian Competition Act requires notification of mergers worth over a certain monetary threshold.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 28(2) of the Hungarian Competition Act says that the notification must offer within 30 days of the date of either the invitation to tender to the conclusion of the contract.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 30(2) of the Hungarian Competition Act says that a merger cannot be refused if it does not create or strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 30(1)(a) of the Hungarian Competition Act lists the effects on competition as one of the main factors in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Other
| 1
| Article 30(1)(b) of the Hungarian Competition Act considers internal and external competitiveness.

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Finland/EU, 2004

2008-08-06T15:34:43Z

KNovak:

'''Score = 25 '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Finnish Competition Law: Act on Competition Restrictions (480/1992) as last amended by Act No. 318/2004 (hereinafter referred to as “Competition Act”).
<ref>''http://www.kilpailuvirasto.fi/cgi-bin/english.cgi?luku=legislation&sivu=act-on-competition-restrictions-amended</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 7(1) of the Finnish Competition Law allows for fines for violations of Articles 4-7.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 11(i) of the Finnish Competition Law allows Competition Authority to dissolve concentrations that violate 11(d).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Under Article 18a of the Finnish Competition Authority, compensation proceedings can be initiated by the injured 3rd party within 5 years of the violation.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 18a(1) of the Finnish Competition Authority provides that a company that violates a term of the Competition Act is liable for damages to the injured company(s). Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 11c(1) of the Finnish Competition Act requires notification.

|-
|
| Pre-merger
| 2
| Article 11c(1) of the Finnish Competition Act requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Denmark/EU, 2005

2008-08-06T15:34:25Z

KNovak:

'''Score = 26 '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).
<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| § 12(g) of the Danish Competition Act.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet.

|-
|
| Remedies Available to 3rd Parties
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| §19(2)(ii) of the Danish Competition Act allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement.

|-
|
| Pre-merger
| 2
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Restriction of Competition
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

European Commission

2008-08-06T15:33:57Z

KNovak:

'''Score = 27 '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.<ref>Available at http://ec.europa.eu/comm/competition/mergers/legislation/regulations.html#merger_reg</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 8(4) of Regulation 139/2004 (EC Merger Regulation).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Council Regulation 1/2003 (Chapter III, Article 7(2))

|-
|
| Remedies Available to 3rd Parties
| 1
| Private citizens have a right to bring a civil action in a national court with adequate competence.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.

|-
|
| Pre-merger
| 2
| Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3)
|-
|
| Restriction of Competition
| 1
| EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3)

|-
|
| Public Interest (Pro D)
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b)

|-
|
| Public Interest (Pro Authority)
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b)

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Preamble to EC Merger Control Regulation 139/2004 on page 4 (para. 29).

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Denmark/EU, 2005

2008-08-06T15:33:28Z

KNovak:

'''Score = 26 '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Danish law: Consolidated Competition Act No. 785 of 8. August 2005 (hereinafter referred to as “Competition Act”).
<ref>Danish Competition Authority, http://www.ks.dk/english/competition/legislation/consolidated-act-no-785-of-8-august-2005/</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §23 of the Danish Competition Act allows fines to be imposed on anybody who infringes certain sections of the Competition Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| § 12(g) of the Danish Competition Act.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet.

|-
|
| Remedies Available to 3rd Parties
| 1
| 3rd parties can invoke §6, and 11 of the Danish Competition Act in Danish court directly without involving the Konkurrencerådet. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 1
| §19(2)(ii) of the Danish Competition Act allows 3rd parties who have an individual and substantial interest in the case to participate in the proceedings and to appeal a decision of the Konkurrencerådet.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement.

|-
|
| Pre-merger
| 2
| §12b(1) of the Danish Competition Act requires notification of a merger within 1 week of the conclusion of the agreement or announcement of the merger.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Restriction of Competition
| 1
| §12(c)(2) of the Danish Competition Act lists the creation of a dominant position that would restrict competition as the sole reason for disallowing a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Sweden

2008-08-06T15:28:23Z

KNovak:

*[[Sweden (August 1, 2005)]]
*[[Sweden (January 1, 2001)]]
*[[Sweden (July 1, 1998)]]

<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">EU law</h1>
:* [[Sweden/EU, 2005]]<ref>As a member of the EU, Sweden is obliged to apply EU competition law in some circumstances, but not when anticompetitive practices and effects are limited to the Swedish market. This coding represents how the Swedish authorities would apply EU Law in the national courts.</ref>

<h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2>
<references />

Slovak Republic

2008-08-06T15:28:06Z

KNovak:

*[[Slovak Republic (27 February 2001)]]
*[[Slovak Republic (1994)]]

<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">EU law</h1>
:* [[Slovak Republic/EU, 2004]]<ref>As a member of the EU, the Slovak Republic is obliged to apply EU competition law in some circumstances, but not when anticompetitive practices and effects are limited to the Slovakian market. This coding represents how the Slovakian authorities would apply EU Law in the national courts.</ref>

<h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2>
<references />

Sweden/EU, 2007

2008-08-06T15:27:02Z

KNovak: New page: '''Score = ''' ''Governed by:'' The Swedish Competition Act("the statute").<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upl...

'''Score = '''

''Governed by:'' The Swedish Competition Act("the statute").<ref>(unofficial) English translation available from the Swedish Competition Authority, at http://www.kkv.se/upload/Filer/ENG/Publications/compact_eng.pdf</ref> Updated as of 2005.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 0
|

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 26-28 and 57 of the statute allow for fines for competition violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Articles 35 and 36 allow divesting a merger deemed improper.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) allows 3rd parties to lodge complaints with the Market Court in limited circumstances. Article 33 allows injured third parties a civil right of action.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 requires infringing companies to pay damages to the parties injured as a result of their violations.

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| §37 requires notifications for concentrations of large companies.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| There is no timeframe for the merger notification.<ref>The Swedish Competition Authority states that there is no timeline for notification in its own description of the merger rules, at http://www.konkurrensverket.se/upload/Filer/ENG/Competition/ICN_merger_template_swe.pdf</ref>

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §34a(2)(1) prohibits concentrations which strengthen or create a dominant position which will significantly restrict competition.

|-
|
| Restriction of Competition
| 1
| §34a(2)(1) prohibits concentrations which strengthen or create a dominate position which will significantly restrict competition.

|-
|
| Public Interest (Pro D)
| 1
| §34a(2)(2) says that an otherwise prohibited merger will be allowed if to ban it would impinge significantly on national interests such as security or supply.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

Czech Republic

2008-08-06T15:26:55Z

KNovak:

[[Czech Republic (August 5, 2004)]]

[[Czech Republic (April 4 2001)]]

[[Czech Republic (1992)]]

<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">EU law</h1>
:* [[Czech Republic/EU, 2004]]<ref>As a member of the EU, the Czech Republic is obliged to apply EU competition law in some circumstances, but not when anticompetitive practices and effects are limited to the Czech market. This coding represents how the Czech authorities would apply EU Law in the national courts.</ref>

<h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2>
<references />

Sweden

2008-08-06T15:25:49Z

KNovak:

*[[Sweden (August 1, 2005)]]
*[[Sweden (January 1, 2001)]]
*[[Sweden (July 1, 1998)]]

<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">EU law</h1>
:* [[Sweden/EU, 2007]]<ref>As a member of the EU, Sweden is obliged to apply EU competition law in some circumstances, but not when anticompetitive practices and effects are limited to the Swedish market. This coding represents how the Swedish authorities would apply EU Law in the national courts.</ref>

<h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2>
<references />

Slovak Republic/EU, 2007

2008-08-06T15:23:59Z

KNovak:

'''Score = 24 '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002<ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Slovakian Competition Act: 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended (hereinafter referred to as “Competition Act”).
<ref>Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356. </ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 38 of the Slovakian Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 25(2) of the Slovakian Competition Act allows third party to initiate a Commission proceeding through a written petition.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 42 of the Slovakian Competition Act says that injured consumers can demand remedies in civil courts. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27 of the Slovakian Competition Act requires the Authority to allow 3rd parties to participate if they so request.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 10(9) of the Slovakian Competition Act requires notification of mergers.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 10(9) of the Slovakian Competition Act says that this notification must come within 30 days after an enumerated decisive act.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 12(7) of the Slovakian Competition Act lists creating or strengthening a dominant position as a reason to disallow a merger.

|-
|
| Restriction of Competition
| 1
| Article 12(7) of the Slovakian Competition Act lists imposing significant barriers on competition as the other reason to prohibit a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Slovak Republic/EU, 2007

2008-08-06T15:22:21Z

KNovak:

'''Score = '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002<ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Slovakian Competition Act: 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended (hereinafter referred to as “Competition Act”).
<ref>Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356. </ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 38 of the Slovakian Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 25(2) of the Slovakian Competition Act allows third party to initiate a Commission proceeding through a written petition.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 42 of the Slovakian Competition Act says that injured consumers can demand remedies in civil courts. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27 of the Slovakian Competition Act requires the Authority to allow 3rd parties to participate if they so request.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 10(9) of the Slovakian Competition Act requires notification of mergers.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 10(9) of the Slovakian Competition Act says that this notification must come within 30 days after an enumerated decisive act.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 12(7) of the Slovakian Competition Act lists creating or strengthening a dominant position as a reason to disallow a merger.

|-
|
| Restriction of Competition
| 1
| Article 12(7) of the Slovakian Competition Act lists imposing significant barriers on competition as the other reason to prohibit a merger.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Slovak Republic/EU, 2007

2008-08-06T15:21:38Z

KNovak:

Slovak Republic/EU, 2007

2008-08-06T15:18:27Z

KNovak: New page: '''Score = ''' ''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002<ref> Available at http:...

Czech Republic/EU, 2007

2008-08-06T15:17:12Z

KNovak:

'''Score = 24'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Czech Competition Act: Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll. of 5 August 2004(hereinafter referred to as “Competition Act”).<ref>full text of statute found at Czech Republic Office for the Protection of Competition website, http://www.compet.cz/fileadmin/user_upload/Legislativa/legislativa_EN/Act_143_2004.doc</ref><ref>The statute has been further amended by Act Nos. 340/2004 Coll. of 4 May 2004, 127/2005 Coll. of 22 February 2005, 361/2005 Coll. of 19 August 2005, and 71/2007 Coll. of 4 April 2007. However, none of these further amendments affect the score as of August 5, 2004 as these amendments are primarily procedural rather than substantive.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 22 of the Czech Competition Act provides guidelines for fining.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 18(5) of the Czech Competition Act allows Commission to impose a duty to sell
interests or transfer the enterprise acquired by an unapproved concentration

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|

|-
|
| Remedies Available to 3rd Parties
| 1
| Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>http://ec.europa.eu/comm/competition/antitrust/actionsdamages/executive_summaries/czech_republic_en.pdf.</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 15(2) of the Czech Competition Act requires notification of mergers, depending on turnover.

|-
|
| Pre-merger
| 2
| Article 15(3) of the Czech Competition Act says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 17(1) of the Czech Competition Act lists market share as a factor in merger assessment.

|-
|
| Restriction of Competition
| 1
| Article 17(1) of the Czech Competition Act lists the necessity of fostering competition as a factor in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 17(1) of the Czech Competition Act list the needs and interests of consumers as factors in merger assessment and will allow a merger if it is to the advantage of consumers.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Slovak Republic

2008-08-06T15:09:38Z

KNovak:

*[[Slovak Republic (27 February 2001)]]
*[[Slovak Republic (1994)]]

<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">EU law</h1>
:* [[Slovak Republic/EU, 2007]]<ref>As a member of the EU, the Slovak Republic is obliged to apply EU competition law in some circumstances, but not when anticompetitive practices and effects are limited to the Slovakian market. This coding represents how the Slovakian authorities would apply EU Law in the national courts.</ref>

<h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2>
<references />

Country update lists

2008-08-05T18:34:19Z

KNovak:

{| style="background:white" border="1" cellpadding="5" cellspacing="0" align="center" width="100%"
|- style="background:lightblue"
! Country
! Content
! Added
! Checker
! Checked

|-

| Afghanistan
|
|
|
|

|-
| '''Albania'''
|
|
|
|

|-
| '''Algeria'''
|
|
|
|

|-
| Andorra
| Helen
| Seems to be no competition law (checked Andorran gazette (it's in Catalan) & found no laws; no other sources indicate competition laws, Global competition forum says no CL).
|
|

|-
| '''Angola'''
|
|
|
|

|-
| Anguilla
|
|
|
|

|-
| Antigua and Barbuda
|
|
|
|

|-
| '''Argentina'''
| Katerina
|
|
|

|-
| '''Armenia'''
|
|
|
|

|-
| Aruba
|
|
|
|

|-
| '''Australia'''
|
|
|
|

|-
| '''Austria'''
| Lynne
|
|
|

|-
| '''Azerbaijan'''
|
|
|
|

|-
| Bahamas
|
|
|
|

|-
| Bahrain
|
|
|
|

|-
| '''Bangladesh'''
|
|
|
|

|-
| '''Barbados'''
|
|
|
|

|-
| '''Belarus'''
|
|
|
|

|-
| '''Belgium'''
| Marc
| Coded 2006, added to penalties page.
|
|

|-
| Belize
|
|
|
|

|-
| Benin
|
|
|
|

|-
| Bermuda
|
|
|
|

|-
| Bhutan
|
|
|
|

|-
| '''Bolivia'''
|
|
|
|

|-
| '''Bosnia and Herzegovina'''
|
|
|
|

|-
| Botswana
|
| As of July, 2008, no competition law - HC
|
|

|-
| '''Brazil'''
|
|
|
|

|-
| British Virgin Islands
|
|
|
|

|-
| Brunei
|
|
|
|

|-
| '''Bulgaria'''
| Helen
| Cbanged scoring on 2003 re: divestitures, efficiency defense for mergers, and third party rights in proceedings. Coded EU.
|
|

|-
| '''Burkina Faso'''
|
|
|
|

|-
| Burma(Myanmar)
|
|
|
|

|-
| Burundi
|
|
|
|

|-
| Cambodia
|
|
|
|

|-
| '''Cameroon'''
| Helen
| Appears to be current. Couldn't find mention of additional statutes or amendments. An earlier statute is available in French @ http://www.spm.gov.cm/showtexte.php?idtexte=144&lang=en. Translated with Google/internet translation engines and added to Wiki page. '''Would like to get it checked, but also want to wait until human French/English translation available.''' Changed scoring on modern statute re: 3rd party rights and market sharing.
|
|

|-
| '''Canada'''
| Helen
|
|
|

|-
| Cape Verde
|
|
|
|

|-
| Cayman Islands
|
|
|
|

|-
| Central African Republic
|
|
|
|

|-
| Chad
|
|
|
|

|-
| '''Chile'''
|
|
|
|

|-
| '''China'''
|
|
|
|

|-
| Christmas Island
|
|
|
|

|-
| '''Colombia'''
| Marc
|
|
|

|-
| Comoros
|
|
|
|

|-
| Congo,Democratic Republic of
|
|
|
|

|-
| Congo, Republic of
|
|
|
|

|-
| Cook islands
|
|
|
|

|-
| '''Costa Rica'''
|
|
|
|

|-
| '''Cote d'Ivoire'''
|
|
|
|

|-
| '''Croatia'''
|
|
|
|

|-
| Cuba
|
| No competition law in force, HEC
|
|

|-
| '''Cyprus'''
| Lynne
|
|
|

|-
| '''Czech Republic'''
| Katerina
|
|
|

|-
| '''Denmark'''
| Katerina
|
|
|

|-
| Djibouti
|
|
|
|

|-
| Dominica
|
|
|
|

|-
| '''Dominican Republic'''
|
|
|
|

|-
| '''Ecuador'''
|
|
|
|

|-
| '''Egypt'''
| Marc
|
|
|

|-
| '''El Salvador'''
|
|
|
|

|-
| Equatorial Guinea
|
|
|
|

|-
| Eritrea
|
|
|
|

|-
| '''Estonia'''
|Marc
|
|
|

|-
|Ethiopia
|
|
|
|

|-
| '''Faroe Island'''
|
|
|
|

|-
| '''Fiji'''
|
|
|
|

|-
| '''Finland'''
|Katarina
|
|
|

|-
| '''France'''
|Helen
| Coded 2005, added (small, noncoded) page for 1810; added 1953, 63, 77, 86. Added to penalties page.
|
|

|-
| French Polynesia
|
|
|
|

|-
| Gabon
|
|
|
|

|-
| The Gambia
|
|
|
|

|-
| Gaza Strip
|
|
|
|

|-
| '''Georgia'''
|
|
|
|

|-
| '''Germany'''
|Germany
|
|
|

|-
| Ghana
|
|
|
|

|-
| Gibraltar
|
|
|
|

|-
| '''Greece'''
| Lynne
|
|
|

|-
| Greenland
|
|
|
|

|-
| Grenada
|
|
|
|

|-
| Guadeloupe
| Helen
| overseas department of France, citizens are citizens of France, mostly under French law with limited self-government.
|
|

|-
| '''Guatemala'''
|
|
|
|

|-
| Guernsey
|
|
|
|

|-
| Guinea
|
|
|
|

|-
| Guinea-Bisseau
|
|
|
|

|-
| '''Guyana'''
|
|
|
|

|-
| Haiti
|
| No competition law - HEC
|
|

|-
| '''Honduras'''
| Katerina
|
|
|

|-
| '''Hong Kong'''
|
|
|
|

|-
| '''Hungary'''
|Katerina
|
|
|

|-
| '''Iceland'''
|
|
|
|

|-
| '''India'''
|
|
|
|

|-
| '''Indonesia'''
|
|
|
|

|-
| '''Iran'''
|
|
|
|

|-
| Iraq
|
|
|
|

|-
| '''Ireland'''
| Marc
|
|
|

|-
| Isle of Man
|
|
|
|

|-
| '''Israel'''
| Marc
|
|
|

|-
| '''Italy'''
|Lynne
| Added current statute.
| Helen
| 2007

|-
| '''Jersey Channel Islands'''
|
|
|
|

|-
| '''Jamaica'''
|
|
|
|

|-
| '''Japan'''
|
|
|
|

|-
| '''Jordan'''
| Marc
|
|
|

|-
| '''Kazakhstan'''
| Helen
| Added most recent statute, added to penalty lists.
|
|

|-
| '''Kenya'''
|
|
|
|

|-
| Kiribati
|
|
|
|

|-
| Kosovo
|
|
|
|

|-
| Kuwait
|
|
|
|

|-
| '''Kyrgyzstan'''
|
|
|
|

|-
| '''Laos'''
|
|
|
|

|-
| '''Latvia'''
|
|
|
|

|-
| Lebanon
|
|
|
|

|-
| Lesotho
|
|
|
|

|-
| Liberia
|
|
|
|

|-
| Libya
|
|
|
|

|-
| Liechtenstein
|
|
|
|

|-
| '''Lithuania'''
|
|
|
|

|-
| '''Luxembourg'''
|Lynne
|
|
|

|-
| Macau
|
|
|
|

|-
| '''Macedonia'''
|Helen
|Added 2005-2007 statutes to page. Added to penalties page.
|
|

|-
| Madagascar
|
|
|
|

|-
| '''Malawi'''
|
|
|
|

|-
| Malaysia
|
|
|
|

|-
| '''Mali'''
|
|
|
|

|-
| '''Malta'''
| Helen
|Added 2007. Coded the EU section
|
|

|-
| Marshall Islands
|
|
|
|

|-
| Martinique
| Helen
| Overseas department of France, citizens are French nationals, mostly under French law with limited self-government.
|
|

|-
| Mauritania
|
|
|
|

|-
| '''Mauritius'''
|
|
|
|

|-
| '''Mexico'''
|
|
|
|

|-
| Micronesia
|
|
|
|

|-
| '''Moldova'''
|
|
|
|

|-
| Monaco
|
|
|
|

|-
| '''Mongolia'''
| Helen
| Coded 2000. Added to penalties page.
|
|

|-
| '''Montenegro'''
|
|
|
|

|-
| "Morocco"
|
|
|
|

|-
| Mozambique
| Helen - no competition law in force (scheduled to arrive this summer)
|
|
|

|-
| '''Namibia'''
|
|
|
|

|-
| Nauru
|
|
|
|

|-
| Nepal
|
|
|
|

|-
| '''Netherlands'''
|Marc
|
|
|

|-
| Netherlands Antilles
|
|
|
|

|-
| '''New Zealand'''
| Helen
| Added most recent statute, added to penalties page, added 1986 statute.
|
|

|-
| "Nicaragua"
|
|
|
|

|-
| Niger
|
|
|
|

|-
| '''Nigeria'''
|
|
|
|

|-
| Niue
|
|
|
|

|-
| Northern Mariana Islands
|
|
|
|

|-
| '''Norway'''
|
|
|
|

|-
| Oman
|
|
|
|

|-
| '''Pakistan'''
|
|
|
|

|-
| Palau
|
|
|
|

|-
| '''Panama'''
|Katerina
|
|
|

|-
| '''Papua New Guinea'''
|
|
|
|

|-
| '''Paraguay'''
|Helen
| Paraguay has no competition legislation, but it's developing one, so I'm moving it from a listing to the notes.
|
|

|-
| '''Peru'''
|
|
|
|

|-
| '''Philippines'''
|
|
|
|

|-
| '''Poland'''
|
|
|
|

|-
| '''Portugal'''
|
|
|
|

|-
| "Qatar"
|
|
|
|

|-
| '''Romania'''
|
|
|
|

|-
| '''Russia'''
| Helen
| Changed scoring and references on 2002 page. Changed scoring on 2006 statute as to merger notification, bid rigging, limiting market access, and penalties.
|
|

|-
| Rwanda
|
|
|
|

|-
| Saint Helena
|
|
|
|

|-
| St. Kitts and Nevis
|
|
|
|

|-
| St. Lucia
|
|
|
|

|-
| St. Vincent and the Grenadines
|
|
|
|

|-
| Samoa
|
|
|
|

|-
| San Marino
|
|
|
|

|-
| Sao Tome and Principe
|
|
|
|

|-
| '''Saudi Arabia'''
| Helen
| Made changes to recent statute, added to penalties page.
|
|

|-
| '''Senegal'''
|
|
|
|

|-
| '''Serbia'''
| Helen
| Combined Yugoslavia/Serbia and Serbia/Montenegro into single Serbia entry (it's a separate country now). Changed scoring on 2005 Serbia statute re:third party rights. Entered penalty data into penalty page.
|
|

|-
| Seychelles
|
|
|
|

|-
| Sierra Leone
|
|
|
|

|-
| '''Singapore'''
|
|
|
|

|-
| '''Slovak Republic'''
|Katerina
|EU addition
|
|

|-
| '''Slovenia'''
| Helen
|Original coders had coded 2004 statute as 1999 statute, double checked the scoring, changed the date. There's a 2008 statute, but only available in Slovene, which we can't translate without a human translator. Added 2004 to penalties page.
|
|

|-
| Solomon Islands
|
|
|
|

|-
| Somalia
|
|
|
|

|-
| '''South Africa'''
|Helen
| Scored 1979, rescored 2000. Added to penalties page.
|
|

|-
| '''South Korea'''
|
|
|
|

|-
| '''Spain'''
|Katerina
|
|
|

|-
| '''Sri Lanka'''
|
|
|
|

|-
| Sudan
|
|
|
|

|-
| Suriname
|
|
|
|

|-
| Swaziland
|
|
|
|

|-
| '''Sweden'''
| Katerina
|EU addition
|
|

|-
| '''Switzerland'''
|
|
|
|

|-
| Syria
| Helen
| Coded 2008 (Syria's first competition statute), added to penalties page.
|
|

|-
| '''Taiwan'''
|
|
|
|

|-
| '''Tajikistan'''
|
|
|
|

|-
| '''Tanzania'''
|
|
|
|

|-
| '''Thailand'''
|
|
|
|

|-
| Timor-Leste
|
|
|
|

|-
| Togo
|
|
|
|

|-
| Tonga
|
|
|
|

|-
| '''Trinidad and Tobago'''
| Helen
| Added competition statute, added to penalties page.
|
|

|-
| '''Tunisia'''
|
|
|
|

|-
| '''Turkey'''
|
|
|
|

|-
| Turkmenistan
| Helen - can't find a competition law, and sources suggest that the state controls the economy, so finding one might be unlikely.
|
|
|

|-
| Turks and Caicos Islands
|
|
|
|

|-
| Tuvalu
|
|
|
|

|-
| Uganda
|
|
|
|

|-
| '''Ukraine'''
|
|
|
|

|-
| United Arab Emirates
| Lynne - has no competition law at this time, but one has been in the process of being drafted since 2006.
|
|
|

|-
| '''United Kingdom'''
|Lynne
|
|
|

|-
| '''United States'''
|
|
|
|

|-
| '''Uruguay'''
|
|
|
|

|-
| '''Uzbekistan'''
|
|
|
|

|-
| Vanuatu
|
|
|
|

|-
| '''Venezuela'''
|
|
|
|

|-
| '''Vietnam'''
|
|
|
|

|-
| West Bank
|
|
|
|

|-
| Yemen
|
|
|
|

|-
| '''Zambia'''
|
|
|

|-
| '''Zimbabwe'''
| Helen
| No earlier statutes than 1996. No later statutes than 2001. Recoded 1996 and 2001. Added to penalties page.
|
|

|}

----
<references />

Hungary/EU, 2005

2008-08-05T18:32:30Z

KNovak:

'''Score = 27'''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.
<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 78 of the Hungarian Competition Act has guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 1
| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive. practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

|-
|
| Divestitures
| 1
| Article 31 of the Hungarian Competition Act allows divestiture.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 43/H(1) of the Hungarian Competition Act allows 3rd parties to complain and initiate proceedings

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 86(2)(e) of the Hungarian Competition Act allows interested parties to demand damages. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 43/H(5) of the Hungarian Competition Act allows complaining 3rd parties access to procedural documents.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 24 of the Hungarian Competition Act requires notification of mergers worth over a certain monetary threshold.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 28(2) of the Hungarian Competition Act says that the notification must offer within 30 days of the date of either the invitation to tender to the conclusion of the contract.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 30(2) of the Hungarian Competition Act says that a merger cannot be refused if it does not create or strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 30(1)(a) of the Hungarian Competition Act lists the effects on competition as one of the main factors in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Other
| 1
| Article 30(1)(b) of the Hungarian Competition Act considers internal and external competitiveness.

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Hungary/EU, 2005

2008-08-05T18:20:20Z

KNovak:

'''Score = '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.
<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 78 of the Hungarian Competition Act has guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 1
| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive. practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

|-
|
| Divestitures
| 1
| Article 31 of the Hungarian Competition Act allows divestiture.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 43/H(1) of the Hungarian Competition Act allows 3rd parties to complain and initiate proceedings

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 86(2)(e) of the Hungarian Competition Act allows interested parties to demand damages. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 43/H(5) of the Hungarian Competition Act allows complaining 3rd parties access to procedural documents.

|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 24 of the Hungarian Competition Act requires notification of mergers worth over a certain monetary threshold.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 28(2) of the Hungarian Competition Act says that the notification must offer within 30 days of the date of either the invitation to tender to the conclusion of the contract.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 30(2) of the Hungarian Competition Act says that a merger cannot be refused if it does not create or strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 30(1)(a) of the Hungarian Competition Act lists the effects on competition as one of the main factors in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

|-
|
| Other
| 1
| Article 30(1)(b) of the Hungarian Competition Act considers internal and external competitiveness.

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Hungary/EU, 2005

2008-08-05T18:12:14Z

KNovak:

'''Score = '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.
<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 1(1) says that the Act applies to practices abroad that have effects in Hungary.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 78 has guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 1
| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

|-
|
| Divestitures
| 1
| Article 31 allows divestiture

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 43/H(1) allows 3rd parties to complain and initiate proceedings

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 86(2)(e) allows interested parties to demand damages

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 43/H(5) allows complaining 3rd parties access to procedural documents

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 24 requires notification of mergers worth over a certain monetary threshold.

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| Article 28(2) says that the notification must offer within 30 days of the date of either the invitation to tender to the conclusion of the contract.

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 30(2) says that a merger cannot be refused if it does not create or strengthen a dominant position.

|-
|
| Restriction of Competition
| 1
| Article 30(1)(a) lists the effects on competition as one of the main factors in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 30(1)(c) considers the effect on suppliers, intermediate consumers, and ultimate consumers

|-
|
| Public Interest (Pro Authority)
| 1
| Article 30(1)(c) considers the effect on suppliers, intermediate consumers, and ultimate consumers

|-
|
| Other
| 1
| Article 30(1)(b) considers internal and external competitiveness

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Hungary/EU, 2005

2008-08-05T18:10:28Z

European Commission

2008-08-05T18:08:29Z

KNovak:

'''Score = 27 '''

''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.<ref>Available at http://ec.europa.eu/comm/competition/mergers/legislation/regulations.html#merger_reg</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 8(4) of Regulation 139/2004 (EC Merger Regulation).

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Council Regulation 1/2003 (Chapter III, Article 7(2))

|-
|
| Remedies Available to 3rd Parties
| 1
| Private citizens have a right to bring a civil action in a national court with adequate competence<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

|-
|
| 3rd Party Rights in Proceedings
| 1
| Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.

|-
|
| Pre-merger
| 2
| Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3)
|-
|
| Restriction of Competition
| 1
| EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3)

|-
|
| Public Interest (Pro D)
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b)

|-
|
| Public Interest (Pro Authority)
| 1
| EC Merger Control Regulation 139/2004, Article 2(1)(b)

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Preamble to EC Merger Control Regulation 139/2004 on page 4 (para. 29).

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the Rome Treaty prohibits limiting access.

|-
|
| Abusive Acts
| 1
| Article 82 of the Rome Treaty prohibits abuse of dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the Rome Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Article 81(1)(e) of the Rome Treaty prohibits tying.

|-
|
| Market Division
| 1
| Article 81 of the Rome Treaty prohibits customer allocation clauses.

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the Rome Treaty allows an efficiency defense.

|}

== References ==
<references />

Hungary

2008-08-05T18:06:20Z

KNovak:

*[[Hungary (November 1, 2005)]]
*[[Hungary (June 2003)]]<ref>Did not enter into force until May 2004. Competition Regimes in the World, p. 405</ref>
*[[Hungary (Febuary 2001)]]<ref>No significant substantive changes were made under the 2001 amendments. See http://www.gvh.hu/domain2/files/modules/module25/pdf/GVH_OGy_beszamolo_2001_a.pdf and http://www.oecd.org/dataoecd/7/38/2730633.pdf</ref>
*[[Hungary (January 1 1997)]]

<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">EU law</h1>
:* [[Hungary/EU, 2005]]<ref>As a member of the EU, Hungary is obliged to apply EU competition law in some circumstances, but not when anticompetitive practices and effects are limited to the Hungarian market. This coding represents how the Hungarian authorities would apply EU Law in the national courts.</ref>

== Notes ==
<references/>