Estonia/EU, 2006 - Revision history

MShapiro at 22:07, 18 August 2008

2008-08-18T22:07:46Z

← Older revision		Revision as of 22:07, 18 August 2008
Line 41:		Line 41:
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure.		\| Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure; 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>

	\|-		\|-

LMyhre at 23:42, 16 August 2008

2008-08-16T23:42:56Z

← Older revision		Revision as of 23:42, 16 August 2008
Line 17:		Line 17:
	\| Fines		\| Fines
	\| 1		\| 1
	\| Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations. ~~Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.~~		\| Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.

	\|-		\|-

LMyhre at 23:39, 16 August 2008

2008-08-16T23:39:59Z

← Older revision		Revision as of 23:39, 16 August 2008
Line 11:		Line 11:
	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>~~ §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia.		\| §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia. EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"
Line 17:		Line 17:
	\| Fines		\| Fines
	\| 1		\| 1
	\| Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.		\| Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations. Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.

	\|-		\|-

LMyhre at 23:19, 16 August 2008

2008-08-16T23:19:33Z

← Older revision		Revision as of 23:19, 16 August 2008
Line 17:		Line 17:
	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.~~ Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.		\| Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.

	\|-		\|-

LMyhre at 20:41, 16 August 2008

2008-08-16T20:41:26Z

← Older revision		Revision as of 20:41, 16 August 2008
Line 11:		Line 11:
	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~EU law governs whenever conduct has effects on trade between Member States pursuant~~ to ~~Article 3~~ of ~~Regulation 1/2003~~.		\| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref> §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia.

	\|- class="categorydivision"		\|- class="categorydivision"
Line 35:		Line 35:
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| ~~CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.~~ Section 63 of the Estonian Competition Act (2004 amendment) lists the procedure for filing an application with the national Competition Board.		\| Section 63 of the Estonian Competition Act (2004 amendment) lists the procedure for filing an application with the national Competition Board.

	\|-		\|-
Line 41:		Line 41:
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| ~~CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.~~ Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure.		\| Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure.

	\|-		\|-
Line 47:		Line 47:
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 1
	\| ~~Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.~~ Section 67 of the 2001 Estonian Competition Act gave interested 3rd parties rights in proceedings; however, these were repealed in a 2002 amendment (RT I 2002, 82, 480).		\| Section 67 of the 2001 Estonian Competition Act gave interested 3rd parties rights in proceedings; however, these were repealed in a 2002 amendment (RT I 2002, 82, 480).

	\|- 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

LMyhre at 03:15, 16 August 2008

2008-08-16T03:15:22Z

← Older revision		Revision as of 03:15, 16 August 2008
Line 11:		Line 11:
	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Scope extends~~ to ~~foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed.~~ 2003~~, at 99.</ref> §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia~~.		\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

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

HCargill at 21:13, 14 August 2008

2008-08-14T21:13:08Z

← Older revision		Revision as of 21:13, 14 August 2008
Line 50:		Line 50:

	\|- 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 18:36, 14 August 2008

2008-08-14T18:36:17Z

← Older revision		Revision as of 18:36, 14 August 2008
Line 1:		Line 1:
	'''Score = 28'''		'''Score = 27'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], 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 [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], 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>
Line 11:		Line 11:
	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>		\| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref> §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia.

	\|- class="categorydivision"		\|- class="categorydivision"
Line 17:		Line 17:
	\| Fines		\| Fines
	\| 1		\| 1
	\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.		\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.

	\|-		\|-
Line 35:		Line 35:
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.		\| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority. Section 63 of the Estonian Competition Act (2004 amendment) lists the procedure for filing an application with the national Competition Board.

	\|-		\|-
Line 41:		Line 41:
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.		\| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages. Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure.

	\|-		\|-
Line 47:		Line 47:
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 1
	\| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.		\| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties. Section 67 of the 2001 Estonian Competition Act gave interested 3rd parties rights in proceedings; however, these were repealed in a 2002 amendment (RT I 2002, 82, 480).

	\|- class="categorydivision"		\|- class="categorydivision"
Line 59:		Line 59:
	\| 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>		\| Section 25 of the Estonian Competition Act requires notification of concentrations.

	\|-		\|-
Line 65:		Line 65:
	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| ~~Article 7(1)~~ of ~~139/2004~~ requires ~~pre-clearance~~.		\| Section 25 of the Estonian Competition Act requires that the notification come within one week of one of the enumerated decisive acts.

	\|-		\|-
	\|		\|
Line 77:		Line 76:
	\| Dominance		\| Dominance
	\| 1		\| 1
	\| ~~Article~~ 2(1) ~~of CR 139/2004 considers dominance~~.		\| Section 22(2) says that the national Competition Board may prohibits a merger if it would strengthen a dominant position.

	\|-		\|-
	\|		\|
	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| ~~Article 2~~(1) of ~~CR 139/2004 considers~~ the ~~interests~~ of ~~intermediate~~ and ~~ultimate consumers~~.		\| Section 22(1) of the Estonian Competition Act 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)		\| Public Interest (Pro D)
	\| 1		\| 0
	\| ~~Article 2(1) of CR 139/2004 considers the development of technical and economic progress.~~		\|

	\|-		\|-
	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 0
	\| ~~Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.~~		\|

	\|-		\|-
Line 106:		Line 105:
	\|		\|
	\| Efficiency		\| Efficiency
	\| 1		\| 0
	\| ~~Article 2(1) of CR 139/2004 allows an efficiency defense.~~		\|

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

LMyhre: New page: '''Score = 28''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...

2008-08-10T23:13:19Z

New page: '''Score = 28''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...

New page

'''Score = 28'''

''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], 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 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.

|-
|
| Prison Sentences
| 1
| §79 of Estonia’s amended 2004 Competition Act allows prison sentences for criminal violations.

|-
|
| Divestitures
| 1
| Article 7 of CR 1/2003 allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.

|-
|
| Remedies Available to 3rd Parties
| 1
| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27(3) of CR 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) of the EU Treaty prohibits abuse of a dominant position.

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

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

|-
|
| Discriminatory Pricing
| 1
| Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.

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

|-
|
| Obstacles to Entry
| 1
| Article 82 of the EU Treaty 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) of the EU Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.

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

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

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

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

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the EU Treaty prohibits bid-rigging.

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

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

|}

== References ==
<references />