User talk:AchalOza: Difference between revisions

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Egypt 2005 - Defenses
 
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== Mauritius 2003 RTP Efficiency Defense ==
== Algeria 2003 Obstacles to Entry ==


''Efficiency defense?''
''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 16(b)
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;


"(b) '''whether the effects of any absence, prevention, restriction or distortion of competition are outweighed by any specific benefits in respect of''' –
--[[User:AchalOza|AchalOza]] 08:01, 11 September 2007 (EDT)


(i) the safety of goods and services;
== Algeria 2000 Tying ==


(ii) '''the efficiency with which goods are produced, supplied or distributed or services are supplied or made available'''; or
''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.''


(iii) the development and use of new and improved goods and services and means of production and distribution . . ."
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;


--[[User:AchalOza|AchalOza]] 17:52, 15 July 2007 (EDT)
--[[User:AchalOza|AchalOza]] 08:08, 11 September 2007 (EDT)


== Egypt 2005 - Collusive Tendering ==


Oh yes. --[[User:JWSchneider|JWSchneider]] 16:09, 16 July 2007 (EDT)
Article 6(c) - "Coordinating with regard to proceeding or refraining from participating in tenders, auctions, negotiations and other calls for procurement."


== Turkey 2005 Pre-Merger Notification ==
--[[User:AchalOza|AchalOza]] 00:49, 8 October 2007 (EDT)


''Based on the tense of the language used, it appears to require a pre-merger notification.  Moreover, the statute which this one replaced explicitly called for post-merger notification.''
== Egypt 2005 - Defenses ==


Article 10 - "As of the date the Board is notified of merger or acquisition agreements falling under article 7, the Board is, as a result of the preliminary examination to be performed by it within fifteen days, obliged to permit the merger or acquisition transaction, or if it decides to deal with this transaction under final examination, it is obliged to duly notify, with its preliminary objection letter, those concerned of the fact that the merger or acquisition transaction is suspended and '''cannot be put into practice''' until the final decision, together with other measures deemed necessary by it. In this case, the provisions of articles 40-59 of this Act shall be applicable.
'''Article 9'''


"'''Where the Board does not respond to or take any action for the application as to a merger or acquisition within due time, merger or acquisition agreements shall take effect''' and become legally valid after 30 days as of the date of the notification."
The provisions of this Law shall not apply to public utilities managed by the State.


--[[User:AchalOza|AchalOza]] 14:08, 16 July 2007 (EDT)
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.


 
--[[User:AchalOza|AchalOza]] 00:58, 8 October 2007 (EDT)
Agree. From this I think it's reasonable to infer that the notification and assessment occur BEFORE the merger. --[[User:JWSchneider|JWSchneider]] 16:11, 16 July 2007 (EDT)
 
== Tanzania 2003 3rd Party Initiation ==
 
Article 69(I)
 
The Commission may initiate a complaint against an alleged prohibited practice.
 
(2) Any person may -
 
(a) submit information concerning an alleged prohibited practice
to the Commission, in any manner or form; or
 
(b) '''submit a complaint against an alleged prohibited practice to
the Commission in the prescribed form.'''
 
--[[User:AchalOza|AchalOza]] 16:05, 16 July 2007 (EDT)
 
 
I think this counts. Kaj might have told me that this sort of thing (3rd party initiation, but then the competition authority takes over) didn't count. Let's ask Hylton. --[[User:JWSchneider|JWSchneider]] 16:12, 16 July 2007 (EDT)
 
== Tanzania 2003 Merger Assessment  Efficiency Defense ==
 
''Efficiency defense?''
 
Article 13(I)(b)
 
(i) by contributing to greater efficiency in production or
distribution;
 
(ii) by promoting technical or economic progress;
 
(iii) by contributing to greater efficiency in the allocation of
resources; or
 
--[[User:AchalOza|AchalOza]] 16:53, 16 July 2007 (EDT)
 
== Tanzania 2003 Merger Assessment Public Interest Defense ==
 
''Public interest defense?''
 
(iv) by protecting the environment and the merger:
 
(vi) the benefits to the public resulting from the merger
outweigh the detriments caused by preventing,
restraining or distorting competition;
 
--[[User:AchalOza|AchalOza]] 16:53, 16 July 2007 (EDT)
 
== Tanzania 2003 Merger Assessment Business Failure Defense ==
 
Article 13(I)(c) - "in the case of a merger resulting in the change of control of a
business, the business faces actual or imminent financial
failure and the merger offers the least anti-competitive
alternative use of the assets of the business."
 
--[[User:AchalOza|AchalOza]] 16:55, 16 July 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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