Cyprus/EU, 2008 - Revision history

LMyhre at 23:46, 16 August 2008

2008-08-16T23:46:15Z

← Older revision		Revision as of 23:46, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Scope extends~~ to ~~foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed.~~ 2003~~, at 99~~.~~</ref>~~		\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

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

LMyhre at 23:27, 16 August 2008

2008-08-16T23:27:58Z

← Older revision		Revision as of 23:27, 16 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Articles 13 and 19~~ of ~~the Cypriot Competition Act allow~~ for fines ~~for serious competition violations~~.		\| Cypriot Law 22(I) of 1999, Section 52, provides for fines.

	\|-		\|-

LMyhre at 21:04, 16 August 2008

2008-08-16T21:04:44Z

← Older revision		Revision as of 21:04, 16 August 2008
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	'''Score = 27'''		'''Score = 25'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

LMyhre at 21:04, 16 August 2008

2008-08-16T21:04:24Z

← Older revision		Revision as of 21:04, 16 August 2008
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	'''Score = 25'''		'''Score = 27'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Articles 13 and 19 allow for fines for serious violations ~~of the Competition Act~~.		\| Articles 13 and 19 of the Cypriot Competition Act allow for fines for serious competition violations.

	\|-		\|-
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Law 22(i), sections 41-42, permits the revocation of approval of a concentration at any time if the concentration ever ceases to satisfy the terms required for approval by the CPC.		\| Cypriot Law 22(i), sections 41-42, permits the revocation of approval of a concentration at any time if the concentration ever ceases to satisfy the terms required for approval by the CPC.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Law 22(I), section 9, requires mandatory notification and approval prior to a merger.		\| Cypriot Law 22(I), section 9, requires mandatory notification and approval prior to a merger.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| Law 22(I), section 9, requires mandatory notification and approval prior to a merger.		\| Cypriot Law 22(I), section 9, requires mandatory notification and approval prior to a merger.

	\|-		\|-
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	\| Post-merger		\| Post-merger
	\| 1		\| 1
	\| Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.		\| Cypriot Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Law 22(I), sections 10-11, require dominance to be considered when assessing a merger.		\| Cypriot Law 22(I), sections 10-11, require dominance to be considered when assessing a merger.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Section 3(1) of Law 13(I)/2008 prohibits all agreements between undertakings, decisions by association of undertakings and concerted practices that have as an object or effect the prevention, restriction or distortion of competition within the Republic.		\| Section 3(1) of Cypriot Law 13(I)/2008 prohibits all agreements between undertakings, decisions by association of undertakings and concerted practices that have as an object or effect the prevention, restriction or distortion of competition within the Republic.

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Law 22(I) allows some mergers it might not otherwise permit, if they will benefit consumers or the public interest.		\| Cypriot Law 22(I) allows some mergers it might not otherwise permit, if they will benefit consumers or the public interest.

	\|-		\|-
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	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| Law 22(I), section 8, allows the CPC to apply the competition law to a concentration if it finds the concentration is of major importance, even if the minimum turnover criteria for the law to apply is not met.		\| Cypriot Law 22(I), section 8, allows the CPC to apply the competition law to a concentration if it finds the concentration is of major importance, even if the minimum turnover criteria for the law to apply is not met.

	\|-		\|-
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	\| Other		\| Other
	\| 1		\| 1
	\| Law 13(I), section 4, allows the CPC to approve of some mergers that violate the law, so long as they benefit consumers, or promote technical or financial development, or develop production or distribution of goods.		\| Cypriot Law 13(I), section 4, allows the CPC to approve of some mergers that violate the law, so long as they benefit consumers, or promote technical or financial development, or develop production or distribution of goods.

	\|-		\|-

LMyhre at 21:02, 16 August 2008

2008-08-16T21:02:27Z

← Older revision		Revision as of 21:02, 16 August 2008
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	'''Score = 27'''		'''Score = 25'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

LMyhre at 21:02, 16 August 2008

2008-08-16T21:02:04Z

← Older revision		Revision as of 21:02, 16 August 2008
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	\| Private Enforcement		\| Private Enforcement
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 0
	\| ~~Article 12 says that any interested party can bring a violation to the attention of the Authority.~~		\|

	\|-		\|-
	\|		\|
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 0
	\| ~~Article 33 allows 3rd parties to file a civil suit for damages.~~		\|

	\|-		\|-
	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 0
	\| ~~Article 27(3) of Council Regulation No. 1/2003 affords evidentiary rights to 3rd parties.~~		\|

	\|- class="categorydivision"		\|- 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>		\| Merger Notification
	\| Voluntary		\| Voluntary
	\| 0		\| 0
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| \| Law 22(I), section 9, requires mandatory notification and approval prior to a merger.		\| Law 22(I), section 9, requires mandatory notification and approval prior to a merger.

	\|-		\|-
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	\|		\|
	\| Post-merger		\| Post-merger
	\| 0		\| 1
	\| Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.		\| Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.

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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| ~~Article 2~~(1) ~~of CR 139/2004 considers~~ dominance.		\| Law 22(I), sections 10-11, require dominance to be considered when assessing a merger.

	\|-		\|-
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	\|		\|
	\| Efficiency		\| Efficiency
	\| 1		\| 0
	\| ~~Article 2(1) of CR 139/2004 allows an efficiency defense.~~		\|

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

HCargill at 21:12, 14 August 2008

2008-08-14T21:12:20Z

← Older revision		Revision as of 21:12, 14 August 2008
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	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| 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		\| Voluntary
	\| 0		\| 0

LMyhre at 10:06, 14 August 2008

2008-08-14T10:06:37Z

← Older revision		Revision as of 10:06, 14 August 2008
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| ~~Article 7~~ of ~~Council Regulation No. 1/2003 allows~~ for ~~structural remedies~~.		\| Law 22(i), sections 41-42, permits the revocation of approval of a concentration at any time if the concentration ever ceases to satisfy the terms required for approval by the CPC.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| ~~Article 7~~(1) ~~of CR 139/2004~~ requires notification~~.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability~~ to ~~request exemption from notification requirements. However, because~~ a ~~formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-~~merger ~~notification~~.~~</ref>~~		\| \| Law 22(I), section 9, requires mandatory notification and approval prior to a merger.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| ~~Article 7~~(1) ~~of 139/2004~~ requires ~~pre-clearance~~.		\| Law 22(I), section 9, requires mandatory notification and approval prior to a merger.

	\|-		\|-
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	\| Post-merger		\| Post-merger
	\| 0		\| 0
	\|		\| Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| ~~Article 2~~(1) of ~~CR 139~~/~~2004 considers~~ the ~~interests~~ of ~~intermediate and ultimate consumers~~.		\| Section 3(1) of Law 13(I)/2008 prohibits all agreements between undertakings, decisions by association of undertakings and concerted practices that have as an object or effect the prevention, restriction or distortion of competition within the Republic.

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| ~~Article 2~~(1) ~~of CR 139/2004 considers~~ the ~~development of technical and economic progress~~.		\| Law 22(I) allows some mergers it might not otherwise permit, if they will benefit consumers or the public interest.

	\|-		\|-
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	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| ~~Article 2~~(1) of ~~CR 139/2004 considers~~ the ~~interests of intermediate and ultimate consumers~~.		\| Law 22(I), section 8, allows the CPC to apply the competition law to a concentration if it finds the concentration is of major importance, even if the minimum turnover criteria for the law to apply is not met.

	\|-		\|-
	\|		\|
	\| Other		\| Other
	\| 0		\| 1
	\|		\| Law 13(I), section 4, allows the CPC to approve of some mergers that violate the law, so long as they benefit consumers, or promote technical or financial development, or develop production or distribution of goods.

	\|-		\|-

LMyhre: New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.EU statutes and regulations available ...

2008-08-05T05:46:07Z

New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available ...

New page

'''Score = 27'''

''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 13 and 19 allow for fines for serious violations of the Competition Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 7 of Council Regulation No. 1/2003 allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 12 says that any interested party can bring a violation to the attention of the Authority.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 33 allows 3rd parties to file a civil suit for damages.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27(3) of Council Regulation No. 1/2003 affords evidentiary rights to 3rd parties.

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

|-
|
| Mandatory
| 3
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>

|-
|
| Pre-merger
| 2
| Article 7(1) of 139/2004 requires pre-clearance.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 2(1) of CR 139/2004 considers dominance.

|-
|
| Restriction of Competition
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.

|-
|
| Public Interest (Pro D)
| 1
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 2(1) of CR 139/2004 allows an efficiency defense.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) prohibits abuse of a dominant position.

|-
|
| Abusive Acts
| 1
| Article 82 prohibits abuse of a dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Articles 81(1)(d), 82(c) prohibit discrimatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 81 prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>

|-
|
| Obstacles to Entry
| 1
| Article 82 prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Articles 81(1)(a) prohibits price fixing.

|-
|
| Tying
| 1
| Articles 81(1)(e), 82(d) prohibit tying.

|-
|
| Market Division
| 1
| Article 81 prohibits customer allocation clauses.<ref>Id, at 97.</ref>

|-
|
| Output Restraint
| 1
| Article 81(1)(b) prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) prohibits market sharing.

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

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 prohibits bid-rigging.

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) allows an efficiency defense.

|}

== References ==
<references />