Kajrozga at 03:22, 9 January 2008

2008-01-09T03:22:22Z

← Older revision		Revision as of 03:22, 9 January 2008
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 0
	\| ~~§22(1)(4) lists the interests of buyers, sellers, and consumers as a factor to consider.~~		\|

	\|-		\|-

AchalOza at 04:35, 8 October 2007

2007-10-08T04:35:05Z

← Older revision		Revision as of 04:35, 8 October 2007
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	'''Score = 22'''		'''Score = 21'''

	''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”).		''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”).

AchalOza at 04:34, 8 October 2007

2007-10-08T04:34:34Z

Show changes

AchalOza at 04:27, 8 October 2007

2007-10-08T04:27:21Z

← Older revision		Revision as of 04:27, 8 October 2007
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	'''Score = 29'''		'''Score = 27'''

	''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”).		''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”).

AchalOza: New page: '''Score = 29''' ''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referr...

2007-07-05T23:41:58Z

New page: '''Score = 29''' ''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referr...

New page

'''Score = 29'''

''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (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
| 1
| Article 7 of Council Regulation No 1/2003 allows for structural remedies

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| §63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.<ref>This provision is dealt with in §65 of the 2001 Act – the provision is different but the score does not change as both give 3rd parties some method of initiating proceedings.</ref>

|-
|
| 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
| 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 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)(a) of CR 139/2004 considers effect on competition in the market

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

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

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 2(4) of CR 139/2004 allows an efficiency defense

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) prohibits limiting access

|-
|
| 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 discriminatory 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
| Article 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 />

Estonia (June 28, 2004) - Revision history

Kajrozga at 03:22, 9 January 2008

AchalOza at 04:35, 8 October 2007

AchalOza at 04:34, 8 October 2007

AchalOza at 04:27, 8 October 2007

AchalOza: New page: '''Score = 29''' ''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referr...