Iceland (March 27, 2007) - Revision history

Kajrozga at 21:21, 19 February 2009

2009-02-19T21:21:06Z

← Older revision		Revision as of 21:21, 19 February 2009
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	'''Score = 21'''		'''Score = 21'''

	''Governed by:'' The Competition Act, Law no. 44, May 19, 2005 (“Competition Act”) as amended March 27, 2007.<ref>Statue and Amendment available from Iceland's competition authority, http://www.samkeppni.is/en/legislation</ref>		''Governed by:'' The Competition Act, Law No. 44, May 19, 2005 (“Competition Act”) as amended March 27, 2007.<ref>Statue and Amendment available from Iceland's competition authority, http://www.samkeppni.is/en/legislation</ref>

	{\| class="wikitable"		{\| class="wikitable"

Kajrozga at 03:56, 31 December 2008

2008-12-31T03:56:46Z

← Older revision		Revision as of 03:56, 31 December 2008
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	'''Score = 21'''		'''Score = 21'''

	''Governed by:'' The Competition Act,		''Governed by:'' The Competition Act, Law no. 44, May 19, 2005 (“Competition Act”) as amended March 27, 2007.<ref>Statue and Amendment available from Iceland's competition authority, http://www.samkeppni.is/en/legislation</ref>
	Law no. 44 19 ~~May~~, 2005 (“Competition Act”) as amended ~~on Mar.~~ 27, 2007.<ref>Statue and Amendment available from Iceland's competition authority, http://www.samkeppni.is/en/legislation/</ref>

	{\| class="wikitable"		{\| class="wikitable"

HCargill at 14:32, 8 August 2008

2008-08-08T14:32:09Z

← Older revision		Revision as of 14:32, 8 August 2008
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	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 1		\| 1
	\| Collusive tendering is prohibited under Article 10 <see the Competition Authority's website on cartel behavior, at http://www.samkeppni.is/en/collusion/</ref>.		\| Collusive tendering is prohibited under Article 10 <ref>see the Competition Authority's website on cartel behavior, at http://www.samkeppni.is/en/collusion/</ref>.

	\|-		\|-

HCargill at 14:31, 8 August 2008

2008-08-08T14:31:11Z

← Older revision		Revision as of 14:31, 8 August 2008
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	'''Score = '''		'''Score = 21'''

	''Governed by:'' The Competition Act,		''Governed by:'' The Competition Act,
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| Article 3 says that the Act applies to ~~agreements~~ which ~~are~~ intended to have an effect in Iceland.		\| Article 3 says that the Act applies to conduct which has or is intended to have an effect on Iceland..

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Article 51 says that the Council can impose~~ fines ~~on undertakings that violate the other articles~~.		\| Articles 37-39 and 42 provide for fines.

	\|-		\|-
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| ~~Article 57 allows~~ for prison sentences ~~for certain serious breaches of the Act~~.		\| Articles 41 and 42 allow for prison sentences.

	\|-		\|-
	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Articles 16 allows the Competition Authority to impose structural remedies for abuse of dominance and restrictive agreements. Article 17 allows for divestiture for anticompetitive mergers.

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Private Enforcement		\| Private Enforcement
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 0		\| 1
	\|		\| Third parties may file formal complaints to the Competition Authority. However, the Authority is not obliged to open investigations.

	\|-		\|-
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 18 requires notification of a merger.		\| Article 17 requires notification of a merger for large companies.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| Article 18 requires that notification occur within a week of the conclusion of the merger or the announcement of the bid.		\| Article 17 requires that notification occur within a week of the conclusion of the merger or the announcement of the bid.

	\|-		\|-
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article 18 says that the Competition Council can deem that a merger obstructs effective competition if it creates or strengthens a dominant position.		\| Article 17 says that the Competition Council can deem that a merger obstructs effective competition if it creates or strengthens a dominant position.

	\|-		\|-
	\|		\|
	\| Restriction of Competition		\| Restriction of Competition
	\| 0		\| 1
	\|		\| Article 17 states that mergers which restrict competition are prohibited.

	\|-		\|-
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	\|		\|
	\| Other		\| Other
	\| 0		\| 1
	\|		\| Article 17 requires the Competition Authority to consider the effects of international competition when deciding whether to permit a merger.

	\|-		\|-
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| RPM is prohibited under ~~Article~~ 10.		\| RPM is prohibited under Articles 10 and 11 <ref>see the Competition Authority's commentary on resale price maintenance agreements, at http://www.samkeppni.is/en/collusion/</ref>.

	\|-		\|-
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	\| Tying		\| Tying
	\| 1		\| 1
	\| ~~Article~~ 10(e) ~~prohibits~~ tying arrangements.		\| Articles 10(e) and 11(d) prohibit tying arrangements.

	\|-		\|-
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	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 1		\| 1
	\| Collusive tendering is ~~included~~ under Article 10~~(a)~~.		\| Collusive tendering is prohibited under Article 10 <see the Competition Authority's website on cartel behavior, at http://www.samkeppni.is/en/collusion/</ref>.

	\|-		\|-
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	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| Article 16 exempts from Article 10 agreements that contribute to improving the production or distribution of goods and promoting economic or technological progress.		\| Article 15 exempts from Article 10 agreements that contribute to improving the production or distribution of goods and promoting economic or technological progress.

	\|}		\|}

HCargill: New page: '''Score = ''' ''Governed by:'' The Competition Act, Law no. 44 19 May, 2005 (“Competition Act”) as amended on Mar. 27, 2007.Statue and Amendment available from Iceland's competi...

2008-08-08T14:13:47Z

New page: '''Score = ''' ''Governed by:'' The Competition Act, Law no. 44 19 May, 2005 (“Competition Act”) as amended on Mar. 27, 2007.<ref>Statue and Amendment available from Iceland's competi...

New page

'''Score = '''

''Governed by:'' The Competition Act,
Law no. 44 19 May, 2005 (“Competition Act”) as amended on Mar. 27, 2007.<ref>Statue and Amendment available from Iceland's competition authority, http://www.samkeppni.is/en/legislation/</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 3 says that the Act applies to agreements which are intended to have an effect in Iceland.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 51 says that the Council can impose fines on undertakings that violate the other articles.

|-
|
| Prison Sentences
| 1
| Article 57 allows for prison sentences for certain serious breaches of the Act.

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
|

|-
|
| Remedies Available to 3rd Parties
| 0
|

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

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

|-
|
| Mandatory
| 3
| Article 18 requires notification of a merger.

|-
|
| Pre-merger
| 2
| Article 18 requires that notification occur within a week of the conclusion of the merger or the announcement of the bid.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 18 says that the Competition Council can deem that a merger obstructs effective competition if it creates or strengthens a dominant position.

|-
|
| Restriction of Competition
| 0
|

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

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

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 11(b) lists limiting production and markets to the prejudice of customers as an abusive act.

|-
|
| Abusive Acts
| 1
| Article 11 bans abusive acts by undertakings of a dominant position.

|-
|
| Price Setting
| 1
| Article 11(a) lists price setting as an abusive act.

|-
|
| Discriminatory Pricing
| 1
| Article 11(c) lists applying dissimilar conditions to equivalent transactions as an abusive act.

|-
|
| Resale Price Maintenance
| 1
| RPM is prohibited under Article 10.

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 10(a) prohibits price fixing.

|-
|
| Tying
| 1
| Article 10(e) prohibits tying arrangements.

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 10(b) prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 10(c) prohibits market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Collusive tendering is included under Article 10(a).

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| Article 16 exempts from Article 10 agreements that contribute to improving the production or distribution of goods and promoting economic or technological progress.

|}

== References ==
<references />