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| == Fiji 1998 - Preambles == | | == Saudia Arabia 2004 - Tying or discriminatory pricing == |
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| ''The preamble to the Fair Trade Act mention public interest and economic efficiency as stated goals of the legislation. Do they count as defenses?'' | | ''What do we think about this one?'' |
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| | imposing certain conditions on selling and purchasing transactions or on dealing with another firm, in a manner that puts it in a weak competitive position compared to other competing firms. |
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| Hylton: Don't count these --[[User:JWSchneider|JWSchneider]] 10:15, 28 June 2007 (EDT)
| | --[[User:JWSchneider|JWSchneider]] 15:18, 31 July 2007 (EDT) |
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| == Fiji 1998 - Mergers, elimination of competition ==
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| ''Does 49(1)(b)(i) count as eliminating competition?''
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| 49. Mergers.
| | == Saudi Arabia 2004 - Eliminating Competitors == |
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| (1) A person shall be guilty of an offence who acquires, directly or indirectly, any shares in the capital, or any assets, of a body corporate if –
| | ''Count it?'' |
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| (a) as a result of the acquisition, the person would be, or be likely to be, in a position to dominate a market for goods or services; or
| | Article 4(4) - Preventing any firm from exercising its right to enter or move out of the market at any time or hampering the same. |
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| (b) in a case where the person is in a position to dominate a market for goods or services-
| | --[[User:JWSchneider|JWSchneider]] 15:30, 31 July 2007 (EDT) |
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| '''i) the body corporate or another body corporate that is related to that body corporate is, or is likely to be, a competitor of the person or of a body corporate that is related to the person;''' and
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| Hylton: Yes it is. --[[User:JWSchneider|JWSchneider]] 10:24, 28 June 2007 (EDT)
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| == Fiji 1998 - Divestiture ==
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| ''Does this count as divestiture?''
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| 125. Injunctions.
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| (4) If the Court is satisfied, on application by the Minister or the Director that a person has engaged in conduct constituting a contravention of a provision of this Decree the Court may grant an injunction requiring that person to take specified action (which may include the disclosure of information or the publication of advertisements) to remedy any adverse consequences of his contravening any provision of this Decree.
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| Hylton: Not divestiture. --[[User:JWSchneider|JWSchneider]] 10:31, 28 June 2007 (EDT)
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| == Jordan 2004 - RTP - Tying ==
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| ''It's tying under dominance, but do we mark it under RTP?''
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| 6(G) - G- Tying the sale of a product or the provision of a service to the purchase of another or others or the purchase of a limited amount or a request for the provision of another service.
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| == Jordan 2004 - RTP - Supply Refusal ==
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| ''Again, under dominance. Does it count?''
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| 6(F) - F- Refusing, without objective grounds, to deal with a particular customer under the usual commercial conditions.
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| == Jordan 2004 - Efficiency Defenses for dominance and RTP ==
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| ''Efficiency defense?''
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| 7(B) and (C)
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| B- Practices and arrangements exempted by the Minister from the
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| application of Articles 5 and 6 of this Law by a reasoned decision
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| on the basis of a recommendation of the Director shall not be
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| considered anti-competitive if they lead to positive results, with a
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| common benefit that cannot be achieved without this exemption,
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| including the improvement of the competitive ability of
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| Enterprises, or production or distribution systems, or providing
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| certain benefits to the consumer.
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| C- The Minister may apply the exemptions referred to in paragraph
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| (B) above to a class of practices or conditions of contract or to
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| practices or arrangements or conditions of contract of particular
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| Enterprises, provided that such Enterprises shall request to be
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| granted this exemption in accordance with a form adopted by the
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| Minister for that purpose.
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| == Jordan 2004 - Merger Assessment - Dominance ==
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| ''Looks like only mergers that result in dominance are examined by the gov't''
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| 9(B) - The accomplishment of economic concentration operations
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| impacting the level of competition in the market by causing or
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| enforcing a '''Dominant Position shall depend upon receiving the
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| approval of the Minister in writing, if the total share of the
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| Enterprise or Enterprises concerned in the economic
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| concentration operation exceeds 40% of the total transactions in
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| the market'''.
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| Article 10
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| A- Enterprises wishing to carry out economic concentration
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| operations which fall within the ambit of '''paragraph (B) of Article
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| 9''' of this Law shall submit a petition in this regard to the
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| Directorate, on the form adopted by the Ministry, within thirty
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| days ...
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| == Jordan 2004 - Merger assessment ==
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| ''Do we have a public interest defense here??''
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| 11(A)- The Minister may, upon recommendation of the Director, issue a
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| reasoned decision regarding petitions submitted by virtue of the
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| provisions of Article 10 hereof as follows:
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| 1- Approve the economic concentration operation if it does
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| not negatively impact competition, or has positive
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| economic benefits that outweigh any negative impact on
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| competition, such as l'''eading to a lowering of the price
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| of services or products''', or '''providing employment
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| opportunities''', or encouraging exports or attracting
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| investment, or '''supporting the ability of national
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| Enterprises to compete internationally'''.
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| == Jamaica 2001 - 3rd party remedies ==
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| ''Does this count?''
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| 48. (1) Every person who engages in conduct which constitutes—
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| (a) a contravention of any of the obligations or prohibitions imposed in Parts III, IV, VI or VII;
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| (b) aiding, abetting, counselling or procuring the contravention of any such provision;
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| (c) inducing by treats, promises, or otherwise the contravention of any such provision;
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| (d) being knowingly conceived in or party to any such contravention; or
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| (e) conspiring with any other person to contravene any such provision,
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| '''is liable in damages for any loss caused to any other person by such conduct'''.
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| (2) An action under subsection (1) may be commenced at any time within three years from the time when the cause of action arose.
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Saudia Arabia 2004 - Tying or discriminatory pricing
What do we think about this one?
imposing certain conditions on selling and purchasing transactions or on dealing with another firm, in a manner that puts it in a weak competitive position compared to other competing firms.
--JWSchneider 15:18, 31 July 2007 (EDT)
Saudi Arabia 2004 - Eliminating Competitors
Count it?
Article 4(4) - Preventing any firm from exercising its right to enter or move out of the market at any time or hampering the same.
--JWSchneider 15:30, 31 July 2007 (EDT)