Estonia (October 1, 1998): Difference between revisions
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New page: '''Score = ''' ''Governed by:'' Competition Act of June 1993, as amended in October 1, 1998 (hereinafter referred to as “Competition Act”). {| class="wikitable" |- ! Category !! S... |
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'''Score = ''' | '''Score = 20''' | ||
''Governed by:'' Competition Act of | ''Governed by:'' Competition Act of 11 March 1998, entered into force 1 October 1998 (RT1 I 1998, 30, 410) (hereinafter referred to as “Competition Act”).<ref>http://www.legaltext.ee/text/en/X2036K2.htm</ref> | ||
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| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| | | 1 | ||
| | | Section 1(2) states that the Act applies to conduct abroad that effects competition within Estonia | ||
| Line 18: | Line 18: | ||
| Remedies | | Remedies | ||
| Fines | | Fines | ||
| | | 1 | ||
| | | Section 43(2) allows for the imposition of fines for failing to follow Competition Authority directives. | ||
| Line 37: | Line 37: | ||
| Private Enforcement | | Private Enforcement | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| | | 1 | ||
| | | Section 39(1) forces the Competition Authority to initiate a proceeding upon a 3rd party complaint, as long as the alleged anti-competitive act is within the scope of the Act. | ||
|- | |- | ||
| | | | ||
| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| | | 1 | ||
| | | §48 says that compensation for damages caused by violations of the Act could be dealt with through civil procedure. | ||
|- | |- | ||
| | | | ||
| 3rd Party Rights in Proceedings | | 3rd Party Rights in Proceedings | ||
| | | 1 | ||
| | | Section 40(2) allows any affected undertaking to "present its position" before an adverse ruling is made. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 63: | Line 62: | ||
| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| | | Section 27(1) requires merger notification. | ||
|- | |- | ||
| Line 69: | Line 68: | ||
| Pre-merger | | Pre-merger | ||
| 2 | | 2 | ||
| | | Section 27(1) required merger notification pre-merger. | ||
|- | |- | ||
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| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | Section 14(2) prohibits a dominant firm from "limiting production" | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | Section 14 prohibits abusive conduct by a dominant firm. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | Section 14(1) prohibits price fixing by a dominant firm. <ref>http://arno.unimaas.nl/show.cgi?fid=463 at 18</ref> | ||
|- | |- | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | Secton 14(3) prohibits discriminating prices. | ||
|- | |- | ||
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| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| | | §4(1)(1) prohibits price fixing | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| | | §4(1)(7) prohibits tying arrangements. | ||
|- | |- | ||
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| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| | | §4(1)(2) prohibits limiting production and service. | ||
|- | |- | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| | | 1 | ||
| | | §4(1)(3) prohibits market sharing. | ||
|- | |- | ||
| | | | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| | | 1 | ||
| | | §4(1)(4) prohibits agreements that restrict entry into the market. | ||
|- | |- | ||
| | | | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| | | 1 | ||
| | | Section 14(7) prohibts collusive bid tendering. | ||
|- | |- | ||
| | | | ||
| Supply Refusal | | Supply Refusal | ||
| | | 1 | ||
| | | Section 14(6) prohibits an "unjustified refusal to sell goods to another undertaking" | ||
|- | |- | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | Section 6 allows an agreement that "contributes to improving the supply of services or production or distribution of goods . . . or economic progress." | ||
|} | |} | ||
Latest revision as of 05:00, 9 January 2008
Score = 20
Governed by: Competition Act of 11 March 1998, entered into force 1 October 1998 (RT1 I 1998, 30, 410) (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Section 1(2) states that the Act applies to conduct abroad that effects competition within Estonia
|
| Remedies | Fines | 1 | Section 43(2) allows for the imposition of fines for failing to follow Competition Authority directives.
|
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Section 39(1) forces the Competition Authority to initiate a proceeding upon a 3rd party complaint, as long as the alleged anti-competitive act is within the scope of the Act. |
| Remedies Available to 3rd Parties | 1 | §48 says that compensation for damages caused by violations of the Act could be dealt with through civil procedure. | |
| 3rd Party Rights in Proceedings | 1 | Section 40(2) allows any affected undertaking to "present its position" before an adverse ruling is made. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Section 27(1) requires merger notification. | |
| Pre-merger | 2 | Section 27(1) required merger notification pre-merger. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Section 14(2) prohibits a dominant firm from "limiting production" |
| Abusive Acts | 1 | Section 14 prohibits abusive conduct by a dominant firm. | |
| Price Setting | 1 | Section 14(1) prohibits price fixing by a dominant firm. [2] | |
| Discriminatory Pricing | 1 | Secton 14(3) prohibits discriminating prices. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §4(1)(1) prohibits price fixing |
| Tying | 1 | §4(1)(7) prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | §4(1)(2) prohibits limiting production and service. | |
| Market Sharing | 1 | §4(1)(3) prohibits market sharing. | |
| Eliminating Competitors | 1 | §4(1)(4) prohibits agreements that restrict entry into the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Section 14(7) prohibts collusive bid tendering. | |
| Supply Refusal | 1 | Section 14(6) prohibits an "unjustified refusal to sell goods to another undertaking" | |
| Efficiency Defense | 1 | Section 6 allows an agreement that "contributes to improving the supply of services or production or distribution of goods . . . or economic progress." |