Luxembourg/EU, 2004 - Revision history

LMyhre at 23:49, 16 August 2008

2008-08-16T23:49:26Z

← Older revision		Revision as of 23:49, 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.

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

LMyhre at 23:29, 16 August 2008

2008-08-16T23:29:29Z

← Older revision		Revision as of 23:29, 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 18-20 of Luxembourg’s Competition Act provides guidelines for fining for various offenses.		\| Articles 18-20 of Luxembourg’s Competition Act provides guidelines for fining for various offenses.

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LMyhre at 23:02, 16 August 2008

2008-08-16T23:02:57Z

← Older revision		Revision as of 23:02, 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. ~~Article~~ 18 of Luxembourg’s Competition Act provides guidelines for fining for various offenses.		\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. Articles 18-20 of Luxembourg’s Competition Act provides guidelines for fining for various offenses.

	\|-		\|-

LMyhre at 20:23, 16 August 2008

2008-08-16T20:23:16Z

← Older revision		Revision as of 20:23, 16 August 2008
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	'''Score = 27'''		'''Score = 18'''

	''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 20:22, 16 August 2008

2008-08-16T20:22:32Z

← Older revision		Revision as of 20:22, 16 August 2008
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 0		\| 0
	\| ~~Luxembourg’s Competition Act does not specify 3rd party remedies.~~		\|

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 0		\| 0
	\| ~~Luxembourg’s Competition Act does not specify rights for 3rd parties.~~		\|

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

LMyhre at 20:21, 16 August 2008

2008-08-16T20:21:46Z

← Older revision		Revision as of 20:21, 16 August 2008
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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~~.		\| Article 9 of Luxembourg’s Competition Act says that the national Council will begin inspection upon a valid complaint by somebody with a legitimate interest.

	\|-		\|-
	\|		\|
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 0
	\| ~~Article 9 of~~ Luxembourg’s Competition Act ~~says that the Council will begin inspection upon a valid complaint by somebody with a legitimate interest~~.		\| Luxembourg’s Competition Act does not specify 3rd party remedies.

	\|-		\|-
	\|		\|
	\| 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.~~ Luxembourg’s Competition Act does not specify rights for 3rd parties.		\| Luxembourg’s Competition Act does not specify rights for 3rd parties.

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

LMyhre at 20:18, 16 August 2008

2008-08-16T20:18:02Z

Show changes

HCargill at 21:22, 14 August 2008

2008-08-14T21:22:31Z

← Older revision		Revision as of 21:22, 14 August 2008
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	\|- 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: 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 ...

2008-08-05T07:03:00Z

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 />