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 ...

2008-08-04T03:58:09Z

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 />

Cypruss/EU, 2008 - Revision history

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 ...