HCargill: changed resale price maintenance scoring

2008-06-18T14:52:28Z

changed resale price maintenance scoring

← Older revision		Revision as of 14:52, 18 June 2008
Line 1:		Line 1:
	Governed by the Law on Protection of Competition.<ref>http://www.kzk.gov.mk/images/LawOnProtectionOfCompetition.pdf</ref>		Governed by the Law on Protection of Competition.<ref>http://www.kzk.gov.mk/images/LawOnProtectionOfCompetition.pdf</ref>

	'''Score = 24'''		'''Score = 23'''

	{\| class="wikitable"		{\| class="wikitable"
Line 135:		Line 135:
	\|		\|
	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 0
	\| ~~Article 14(2)(1) bans indirectly setting consumer prices.~~		\|

	\|-		\|-

HCargill at 23:59, 16 June 2008

2008-06-16T23:59:29Z

← Older revision		Revision as of 23:59, 16 June 2008
Line 93:		Line 93:
	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 0
	\| ~~Article 17 requires consideration of effects of the proposed merger when deciding whether to allow a merger.~~		\|

	\|-		\|-
	\|		\|
	\| Other		\| Other
	\| 0		\| 1
	\|		\| Merger Guidelines<ref>http://www.kzk.gov.mk/images/Vestiimages/508/Doc%20508.pdf</ref> clarify that if a firm is failing, its merger application ought to be treated more favorably.

	\|-		\|-

HCargill: Added page for 2005 statute.

2008-06-16T22:24:40Z

Added page for 2005 statute.

New page

Governed by the Law on Protection of Competition.<ref>http://www.kzk.gov.mk/images/LawOnProtectionOfCompetition.pdf</ref>

'''Score = 24'''

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 3 extends the scope of the act to activities that affect competition in Macedonia.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 47 allows violators of the act to be fined.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 22(4)allows for the undoing of prohibited mergers, or for other actions which will undo the effect of the merger.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 30 allows third parties to initiate proceedings.
|-
|
| Remedies Available to 3rd Parties
| 1
| Article 43 allows parties injured by anticompetitive acts to "request compensation according to the law"

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 29 allows third parties to be parties to the proceedings. Article 37 allows parties to the proceedings to to participate.

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

|-
|
| Mandatory
| 3
| Article 16(1) requires notification of mergers.

|-
|
| Pre-merger
| 2
| Article 16(2)(3) requires pre-merger notification.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 16 requires notification based on turnover, and percentage of total market share.

|-
|
| Restriction of Competition
| 1
| Article 17(2) requires consideration of effects on competition when considering whether to allow a merger.

|-
|
| Public Interest (Pro D)
| 1
| Article 17 requires consideration of consumer benefit when deciding whether to allow a merger.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 17 requires consideration of effects of the proposed merger when deciding whether to allow a merger.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 17 requires consideration of efficiency effects when deciding whether to allow a merger.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 14(2)bans limiting production

|-
|
| Abusive Acts
| 1
| Article 14(1)prohibits abusive acts by a dominant firm.

|-
|
| Price Setting
| 1
| Article 14(2)(1) bans setting prices.

|-
|
| Discriminatory Pricing
| 1
| Article 14(2)(3) bans discriminatory pricing.

|-
|
| Resale Price Maintenance
| 1
| Article 14(2)(1) bans indirectly setting consumer prices.

|-
|
| Obstacles to Entry
| 1
| Article 14(2)(6) prohibits refusing to allow competitors to use vital facilities.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 7(1) prohibits price fixing.

|-
|
| Tying
| 1
| Article 7(1)(5) prohibits tying.

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 7(1) bans output restraint.

|-
|
| Market Sharing
| 1
| Article 7(1)(3) bans market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| Article 7(3) and (11) allow otherwise prohibited practices, if they increase efficency and pass some of those efficiency benefits to consumers.
|}

== References ==
<references />

Macedonia (Jan 1, 2005) - Revision history

HCargill: changed resale price maintenance scoring

HCargill at 23:59, 16 June 2008

HCargill: Added page for 2005 statute.