User talk:AchalOza: Difference between revisions

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Argentina 1999 Remedies Available to 3rd Parties
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Egypt 2005 - Defenses
 
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== Austria 2000 Divestures ==
== Algeria 2003 Obstacles to Entry ==


I think this should be coded as a divesture:
''Below is Algeria's definition of dominance (using Google Translator).  Does this sound like obstacles to entry language?  Perhaps we should have a translator look at it.''


§35(2) - "The Cartel Court . . . [shall] in addition also order [the group] to take measures by which the market-dominating position will be weakened or eliminated, if: (a) the undertaking has repeatedly abused its market-dominating position; (b) the abuses may impair media diversity; and (c) it is expected that, without such measures, further abuses of this type will occur."
Article 3(c) - Dominant Position: the position allowing a company to hold, on the market in question, a position of economic power which '''gives him the capacity to make obstacle with the maintenance of an effective competition''', by providing him the possibility of independent behaviors in an appreciable measurement with respect to its competitors, of its customers or its suppliers;


--[[User:AchalOza|AchalOza]] 11:02, 21 June 2007 (EDT)
--[[User:AchalOza|AchalOza]] 08:01, 11 September 2007 (EDT)


== Albania 2003 Pre-Merger Notification ==
== Algeria 2000 Tying ==


This sounds like a pre-merger notification requirement:
''One of the criteria for establishing a dominant position includes being able to create advantageous contractual bonds.  Would this just be another abusive act prohibition, or tying under RTP?  Or should this be nothing since it's just establishing what is a dominant position and doesn't say it's an abusive act?  The text below was translated with Google.''


Art. 14(1) - "A concentration, under article 10, shall not be put into effect either:
Article 2 - The criteria of determination of the dominant position of an economic agent on a market or a market segment of goods or services are in particular: financial, contractual bonds or in fact which bind the economic agent to one or more economic agents and which get advantages of any nature to him;
a) before its notification nearby the Authority or  
b) until it has been authorized by the Authority, or  
c) until conditions attached to the authorization are fulfilled."


--[[User:AchalOza|AchalOza]] 12:53, 21 June 2007 (EDT)
--[[User:AchalOza|AchalOza]] 08:08, 11 September 2007 (EDT)


== Albania 2003 Public Interest Pro-D ==
== Egypt 2005 - Collusive Tendering ==


Does this sound like a public interest (or efficiency) defense to you?
Article 6(c) - "Coordinating with regard to proceeding or refraining from participating in tenders, auctions, negotiations and other calls for procurement."


2. Commission may not prohibit concentrations where one of the undertakings risks
--[[User:AchalOza|AchalOza]] 00:49, 8 October 2007 (EDT)
seriously a failure, there is no less anti­competitive alternative to the concentration, when:


a) this undertaking is in such a situation that without the concentration it would
== Egypt 2005 - Defenses ==
exit the market in the near future;


b) there is no serious prospects of re­organizing the activity of this undertaking.
'''Article 9'''


--[[User:AchalOza|AchalOza]] 12:57, 21 June 2007 (EDT)
The provisions of this Law shall not apply to public utilities managed by the State.


== Armenia 2000 Extraterritoriality ==
The Authority may, upon the request of the concerned parties, exempt some or all the acts provided for in articles 6 [on Restrictive Trade Practices], 7 [on Restrictive Trade Practices] and 8 [on Dominance] regarding public utilities that are managed by companies subject to the Private Law where this is in the public interest or for attaining benefits to the consumers that exceed the effects of restricting the freedom of competition. This shall be done in accordance with the regulations and procedures set out by the Executive Regulation of this Law.


Sounds to me like the scope extends to foreign companies that have an effect on Armenia:
--[[User:AchalOza|AchalOza]] 00:58, 8 October 2007 (EDT)
 
Article 2. The Subject Governed by the Law
1. The present Law shall apply to those activities and conduct of economic entities, government
and local government administration bodies, which might result in the restriction, prevention
and distortion of competition or in acts of unfair competition, except where otherwise stipulated
by law.
 
--[[User:AchalOza|AchalOza]] 13:18, 21 June 2007 (EDT)
 
== Armenia 2000 Output Restraint and Big-Rigging ==
 
Would this include output restraint and big-rigging?
 
Article 5.  Anti-competitive Agreements and Prohibition of Anti-competitive Agreements
1. In the context of the present Law, anti-competitive agreements are contracts and agreements
concluded between economic entities or their concerted practices (hereinafter referred to as 
“agreements”), which might result in the restriction, prevention, prohibition of competition.  These are the . . . (b) '''artificial increase, decrease or  maintenance  of prices''' on the commodity markets;
 
--[[User:AchalOza|AchalOza]] 13:32, 21 June 2007 (EDT)
 
== Argentina 1999 Divestures ==
 
This is translated from Spanish, but it sounds to me like it allows for divestures.
 
Article 46(c) "Without damage of other sanctions that will be able to correspond, when acts are verified that constitute abuse of dominant position or when it is stated that it has acquired itself or consolidated a monopolistic or oligopolical position in violation of the dispositions of this law, the '''Court will be able to impose the fulfillment of conditions that aim to neutralize the distorsivos aspects on the competition or to ask for the competent judge who the infractoras companies are dissolved, eliminated, dispersed or divided''';"
 
--[[User:AchalOza|AchalOza]] 17:16, 21 June 2007 (EDT)
 
== Argentina 1999 3rd Party Initiation ==
 
Again, translated from Spanish.  This seems to allow 3rd Party Initiation:
 
Article 26 -"The procedure will begin of office or by denunciation made '''by any physical or legal, public or deprived person'''."
 
--[[User:AchalOza|AchalOza]] 17:27, 21 June 2007 (EDT)
 
== Argentina 1999 Remedies Available to 3rd Parties ==
 
Sounds like it allows damages for 3rd parties:
 
"The physical '''people or legal victims by the acts prohibited by this law, will be able to exert the action for damages''' of damages and damages as the norms of the common right, before the competent judge in that matter."
 
--[[User:AchalOza|AchalOza]] 17:39, 21 June 2007 (EDT)

Latest revision as of 04:58, 8 October 2007

Algeria 2003 Obstacles to Entry

Below is Algeria's definition of dominance (using Google Translator). Does this sound like obstacles to entry language? Perhaps we should have a translator look at it.

Article 3(c) - Dominant Position: the position allowing a company to hold, on the market in question, a position of economic power which gives him the capacity to make obstacle with the maintenance of an effective competition, by providing him the possibility of independent behaviors in an appreciable measurement with respect to its competitors, of its customers or its suppliers;

--AchalOza 08:01, 11 September 2007 (EDT)

Algeria 2000 Tying

One of the criteria for establishing a dominant position includes being able to create advantageous contractual bonds. Would this just be another abusive act prohibition, or tying under RTP? Or should this be nothing since it's just establishing what is a dominant position and doesn't say it's an abusive act? The text below was translated with Google.

Article 2 - The criteria of determination of the dominant position of an economic agent on a market or a market segment of goods or services are in particular: financial, contractual bonds or in fact which bind the economic agent to one or more economic agents and which get advantages of any nature to him;

--AchalOza 08:08, 11 September 2007 (EDT)

Egypt 2005 - Collusive Tendering

Article 6(c) - "Coordinating with regard to proceeding or refraining from participating in tenders, auctions, negotiations and other calls for procurement."

--AchalOza 00:49, 8 October 2007 (EDT)

Egypt 2005 - Defenses

Article 9

The provisions of this Law shall not apply to public utilities managed by the State.

The Authority may, upon the request of the concerned parties, exempt some or all the acts provided for in articles 6 [on Restrictive Trade Practices], 7 [on Restrictive Trade Practices] and 8 [on Dominance] regarding public utilities that are managed by companies subject to the Private Law where this is in the public interest or for attaining benefits to the consumers that exceed the effects of restricting the freedom of competition. This shall be done in accordance with the regulations and procedures set out by the Executive Regulation of this Law.

--AchalOza 00:58, 8 October 2007 (EDT)

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