AchalOza at 14:03, 12 October 2007

2007-10-12T14:03:07Z

← Older revision		Revision as of 14:03, 12 October 2007
Line 1:		Line 1:
	'''Score = 26'''		'''Score = 25'''

	''Governed by:'' Barbados Fair Competition Act – Chapter 326C.		''Governed by:'' Barbados Fair Competition Act – Chapter 326C.

JWSchneider at 16:28, 26 June 2007

2007-06-26T16:28:07Z

← Older revision		Revision as of 16:28, 26 June 2007
Line 35:		Line 35:
	\| Private Enforcement		\| Private Enforcement
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 0
	\| ~~Article 36(1) allows any person aggrieved to file an appeal to a Judge.~~		\|

	\|-		\|-
Line 47:		Line 47:
	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 0		\| 1
	\|		\| Article 36(1) allows any person aggrieved to file an appeal to a Judge.

	\|- class="categorydivision"		\|- class="categorydivision"

JWSchneider: New page: '''Score = 26''' ''Governed by:'' Barbados Fair Competition Act – Chapter 326C. Barbados Department of Commerce website, http://www.commerce.gov.bb/Legislation/Documents/Fair%20Co...

2007-06-21T19:13:42Z

New page: '''Score = 26''' ''Governed by:'' Barbados Fair Competition Act – Chapter 326C. <ref>Barbados Department of Commerce website, http://www.commerce.gov.bb/Legislation/Documents/Fair%20Co...

New page

'''Score = 26'''

''Governed by:'' Barbados Fair Competition Act – Chapter 326C.
<ref>Barbados Department of Commerce website, http://www.commerce.gov.bb/Legislation/Documents/Fair%20Competition%20Act,%20Cap%20326C.pdf</ref><ref>While the statute was passed in 2002, it only came into effect in January of 2003.</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 13 says that the prohibited trade practices are results oriented.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Several of the Articles (including 7 and 8) allow fines and imprisonment for certain offenses.

|-
|
| Prison Sentences
| 1
|

|-
|
| Divestitures
| 1
| Article 20(8) allows the Commission to require divestitures for impermissible mergers.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 36(1) allows any person aggrieved to file an appeal to a Judge.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 37(c) allows injured parties to receive compensation.

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

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

|-
|
| Mandatory
| 3
| Article 20(2) requires pre-merger notification.

|-
|
| Pre-merger
| 2
| Article 20(2) requires pre-merger notification

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 20(7) requires the Commission to look at the market share and degree of control over the market of the companies applying to merge.

|-
|
| Restriction of Competition
| 1
| Article 20(6) requires the Commission to take restrictions on competition into account in merger assessment.

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

|-
|
| Public Interest (Pro Authority)
| 1
| Article 20(7)(d) allows the Commission to look at the affect of the merge on consumers.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 21(1)(a) allows mergers that are likely to bring about gains in efficiencies.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 16(3)(g) prohibits market restriction.

|-
|
| Abusive Acts
| 1
| Article 16 prohibits abuse of a dominant position.

|-
|
| Price Setting
| 1
| Article 6(1)(e) prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 6(1)(e) prohibits price discrimination

|-
|
| Resale Price Maintenance
| 1
| Article 24 prohibits RPM.

|-
|
| Obstacles to Entry
| 1
| Article 16(3)(a) prohibits the creation of obstacles to entry.

|-
|
| Efficiency Defense
| 1
| Article 16(4) provides an efficiency defense.

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 13(3)(a) prohibits price fixing.

|-
|
| Tying
| 1
| Article 13(3)(f) prohibits tying arrangements.

|-
|
| Market Division
| 1
| Article 13(3)(c) prohibits market division.

|-
|
| Output Restraint
| 1
| Article 13(3)(b) prohibits limiting market production.

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 13(3)(d) prohibits collusive tendering.

|-
|
| Supply Refusal
| 1
| Article 6(1)(b) prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 13(4) supplies a defense for efficiency.

|}

== References ==
<references />

Barbados 2002 - Revision history

AchalOza at 14:03, 12 October 2007

JWSchneider at 16:28, 26 June 2007

JWSchneider: New page: '''Score = 26''' ''Governed by:'' Barbados Fair Competition Act – Chapter 326C. Barbados Department of Commerce website, http://www.commerce.gov.bb/Legislation/Documents/Fair%20Co...