Latvia/EU, 2004 - Revision history

LMyhre at 23:44, 16 August 2008

2008-08-16T23:44:41Z

← Older revision		Revision as of 23:44, 16 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.~~ Section 28 of The Competition Law of 4.10.2001 permits the national Competition Council to impose for fines for violations of EU competition law, pursuant to Sections 12(5) and 14(4) of that Act.<ref>Statute available at http://www.competition.lv/uploaded_files/ENG/E_likumK.pdf</ref>		\| Section 28 of The Competition Law of 4.10.2001 permits the national Competition Council to impose for fines for violations of EU competition law, pursuant to Sections 12(5) and 14(4) of that Act.<ref>Statute available at http://www.competition.lv/uploaded_files/ENG/E_likumK.pdf</ref>

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LMyhre at 23:41, 16 August 2008

2008-08-16T23:41:59Z

← Older revision		Revision as of 23:41, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
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	\| ~~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.

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LMyhre at 23:13, 16 August 2008

2008-08-16T23:13:43Z

← Older revision		Revision as of 23:13, 16 August 2008
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| Section 22 of ~~the Latvian~~ Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.<ref>It is unclear whether this provision existed in the pre-2004 version of the Act.</ref>		\| Section 22 of Latvia's Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.<ref>It is unclear whether this provision existed in the pre-2004 version of the Act.</ref>

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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| §15 requires pre-merger notification to the Competition Council.		\| §15 of Latvia's Competition Act requires pre-merger notification to the Competition Council.

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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| §15 requires pre-merger notification to the Competition Council.		\| §15 of Latvia's Competition Act requires pre-merger notification to the Competition Council.

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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| §16(3) allows the Council to prohibit a merger which will create or strengthen a dominant position.		\| §16(3) of Latvia's Competition Act allows the Council to prohibit a merger which will create or strengthen a dominant position.

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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| §16(3) allows the Council to prohibit a merger which will hinder or distort competition.		\| §16(3) of Latvia's Competition Act allows the Council to prohibit a merger which will hinder or distort competition.

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LMyhre at 23:12, 16 August 2008

2008-08-16T23:12:21Z

← Older revision		Revision as of 23:12, 16 August 2008
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	\| Divestitures		\| Divestitures
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	\| Article 7 of CR 1/2003 allows for structural remedies. Under the ~~Latvian~~ Competition Act, divestiture is allowed in the merger context, and §16(3) allows the Council to creating binding conditions on merging firms.		\| Article 7 of CR 1/2003 allows for structural remedies. Under the national Competition Act, divestiture is allowed in the merger context, and §16(3) allows the Council to creating binding conditions on merging firms.

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LMyhre at 23:11, 16 August 2008

2008-08-16T23:11:51Z

← Older revision		Revision as of 23:11, 16 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. Section 28 of The Competition Law of 4.10.2001 permits the national Competition Council to impose for fines for violations of EU competition law, pursuant to Sections 12(5) and 14(4) of that Act.~~[71]~~		\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. Section 28 of The Competition Law of 4.10.2001 permits the national Competition Council to impose for fines for violations of EU competition law, pursuant to Sections 12(5) and 14(4) of that Act.<ref>Statute available at http://www.competition.lv/uploaded_files/ENG/E_likumK.pdf</ref>

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LMyhre at 23:10, 16 August 2008

2008-08-16T23:10:34Z

← Older revision		Revision as of 23:10, 16 August 2008
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	\| 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 28 of The Competition Law of 4.10.2001 permits the national Competition Council to impose for fines for violations of EU competition law, pursuant to Sections 12(5) and 14(4) of that Act.[71]

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LMyhre at 20:55, 16 August 2008

2008-08-16T20:55:25Z

← Older revision		Revision as of 20:55, 16 August 2008
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	'''Score = 27'''		'''Score = 25'''

	''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>

LMyhre at 20:55, 16 August 2008

2008-08-16T20:55:02Z

← Older revision		Revision as of 20:55, 16 August 2008
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	'''Score = 26'''		'''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>
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	\| 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>

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| 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 22 of the Latvian Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.<ref>It is unclear whether this provision existed in the pre-2004 version of the Act.</ref>		\| Section 22 of the Latvian Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.<ref>It is unclear whether this provision existed in the pre-2004 version of the Act.</ref>

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	\| 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. Also,~~ §21 of Latvia’s Competition Act of 4.10.2001, as amended May 1, 2004, says that a company that violates a provision shall cover the losses to other market participants.		\| §21 of Latvia’s Competition Act of 4.10.2001, as amended May 1, 2004, says that a company that violates a provision shall cover the losses to other market participants.

	\|-		\|-
	\|		\|
	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 0
	\| ~~Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.~~		\|

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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| §15 ~~of the Latvian Competition Act~~ requires pre-merger notification to the Competition Council.		\| §15 requires pre-merger notification to the Competition Council.

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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| §15 ~~of the Latvian Competition Act~~ requires pre-merger notification to the Competition Council.		\| §15 requires pre-merger notification to the Competition Council.

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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| §16(3) ~~of the Latvian Competition Act~~ allows the Council to prohibit a merger which will create or strengthen a dominant position.		\| §16(3) allows the Council to prohibit a merger which will create or strengthen a dominant position.

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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| §16(3) ~~of the Latvian Competition Act~~ allows the Council to prohibit a merger which will hinder or distort competition.		\| §16(3) allows the Council to prohibit a merger which will hinder or distort competition.

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LMyhre at 03:16, 16 August 2008

2008-08-16T03:16:40Z

← Older revision		Revision as of 03:16, 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.

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LMyhre at 03:10, 16 August 2008

2008-08-16T03:10:47Z

← Older revision		Revision as of 03:10, 16 August 2008
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	'''Score = 27'''		'''Score = 26'''

	''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>