View source for Estonia (July 1, 2006)

'''Score = 21'''

''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 1 July 2006 (RT I 2006, 25, 186)) (hereinafter referred to as “Competition Act”).  
<ref>Estonian Competition Board website, http://www.konkurentsiamet.ee/?id=10643 </ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| §1(2) says that the act applies to activity outside of Estonia that restricts competition in Estonia.

|- class="categorydivision"
| Remedies
| Fines
| 1
| §62(3) allows the Competition Board to impose fines for un-remedied violations of the Competition Act.

|-
| 
| Prison Sentences
| 1
| §79 of the amended 2004 Act allows prison sentences for criminal violations.

|-
| 
| Divestitures
| 0
| 

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| §63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.

|-
| 
| Remedies Available to 3rd Parties
| 1
| §78 says that compensation for damages caused by violations of the Act could be dealt with through civil procedure.
		
|-
| 
| 3rd Party Rights in Proceedings
| 0
| §67 of the 2001 Act gave interested 3rd parties rights in proceedings however these were repealed in a 2002 amendment (RT I 2002, 82, 480).

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
| 
		
|-
| 
| Mandatory
| 3
| §25 requires notification of concentrations.
			
|-
| 
| Pre-merger
| 2
| §25 requires that the notification come within one week of one of the enumerated decisive acts.
		
|-
| 
| Post-merger
| 0
| 
	
|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| §22(2) says that the Competition Board may prohibits a merger if it would strengthen the dominant position.
			
|-
| 
| Restriction of Competition
| 1
| §22(1) lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
			
|-
| 
| Public Interest (Pro D)
| 0
| 
			
|-
| 
| Public Interest (Pro Authority)
| 0
| 
		
|-
| 
| Other
| 0
| 
	
|-
| 
| Efficiency
| 0
| 
	
|- class="categorydivision"
| Dominance
| Limits Access
| 1
| §16(2) lists limiting production and markets as an example of an abusive act.
	
|-
| 
| Abusive Acts
| 1
| §16 prohibits abuse by dominant undertakings.

|-
| 
| Price Setting
| 1
| §16(1) lists price setting as an example of an abusive act.

|-
| 
| Discriminatory Pricing
| 1
| §16(3) lists applying dissimilar conditions to equivalent agreements as an abusive act.
		
|-
| 
| Resale Price Maintenance
| 0
| 
			
|-
| 
| Obstacles to Entry
| 0
| 
		
|-
| 
| Efficiency Defense
| 0
| 
	
|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| §4(1)(1) prohibits price fixing.
	
|-
| 
| Tying
| 1
| §4(1)(6) prohibits tying arrangements.
		
|-
| 
| Market Division
| 0
| 
		
|-
| 
| Output Restraint
| 1
| §4(1)(2) prohibits limiting production and service.
	
|-
| 
| Market Sharing
| 1
| §4(1)(3) prohibits market sharing.
	
|-
| 
| Eliminating Competitors
| 1
| §4(1)(3) prohibits attempts to exclude another person from the market.
			
|-
| 
| Collusive Tendering/Bid-Rigging
| 0
| 
	
|-
| 
| Supply Refusal
| 1
| §16(6) prohibits the unjustified refusal to sell or buy goods.
		
|-
| 
| Efficiency Defense
| 1
| §6(2) grants an exception to the §4 prohibitions for companies that contribute to technological and economic progress.
		
|}

== References ==
<references />