Kajrozga at 12:42, 8 September 2007

2007-09-08T12:42:53Z

← Older revision		Revision as of 12:42, 8 September 2007
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	'''Score = 24'''		'''Score = 22'''

	''Governed by:'' Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).		''Governed by:'' Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).

Kajrozga at 21:11, 2 September 2007

2007-09-02T21:11:31Z

← Older revision		Revision as of 21:11, 2 September 2007
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 15 requires notification by the parties.		\| Article 15 requires notification by the parties.<ref>According to the size limitations of Article 14.</ref>

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 16(1) considers the possible benefits to the public when deciding whether to allow an otherwise impermissible merger, , including international competitiveness.		\| Article 16(1) considers the possible benefits to the public when deciding whether to allow an otherwise impermissible merger, including international competitiveness.

	\|-		\|-

Kajrozga at 12:50, 10 August 2007

2007-08-10T12:50:43Z

← Older revision		Revision as of 12:50, 10 August 2007
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 16(1) considers the possible benefits to the public when deciding whether to allow an otherwise impermissible merger.		\| Article 16(1) considers the possible benefits to the public when deciding whether to allow an otherwise impermissible merger, , including international competitiveness.

	\|-		\|-
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	\|		\|
	\| Other		\| Other
	\| 1		\| 0
	\| ~~Article 16 considers the effects on the international community when evaluating mergers.~~		\|

	\|-		\|-

Kajrozga at 00:52, 6 August 2007

2007-08-06T00:52:24Z

Show changes

Kajrozga: New page: '''Score = 29''' ''Governed by:'' Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).Competition Law in the EU, a...

2007-07-20T14:44:03Z

New page: '''Score = 29''' ''Governed by:'' Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).<ref>Competition Law in the EU, a...

New page

'''Score = 29'''

''Governed by:'' Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).<ref>Competition Law in the EU, at 673-707</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Competition Act does not expressly provide for extraterritoriality but the court has interpreted it to apply to anything that has an economic impact in Spain and this is implied by Article 1 which discusses effects.<ref>Id. at 228.</ref>

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 10 says that the TDC can issue fines for any breaches of Articles 1, 6, and 7.

|-
|
| Prison Sentences
| 1
| Article 46(6) allows management to be imprisoned for certain violations of the criminal law.

|-
|
| Divestitures
| 1
| Article 7 of Council Regulation No 1/2003 allows for structural remedies

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| SDC investigations to enforce Articles 1, 6, or 7 can be initiated by 3rd parties.<ref>See Iberasistencia v. Gremi Regional d’Empreses de Pompes Funebres de Catalunya, TDC Dec. 308/91, of 14 July 1992.</ref>

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 13 says that 3rd parties can file actions for damages after the Commission has reached a decision.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Any interested party can contribute to the case.</ref>Competition Law in the EU, at 265.</ref>

|- 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 />

Spain (December 28, 1999) - Revision history

Kajrozga at 12:42, 8 September 2007

Kajrozga at 21:11, 2 September 2007

Kajrozga at 12:50, 10 August 2007

Kajrozga at 00:52, 6 August 2007

Kajrozga: New page: '''Score = 29''' ''Governed by:'' Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).Competition Law in the EU, a...