Slovak Republic (1994): Difference between revisions
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'''Score = | '''Score = 13''' | ||
''Governed by:'' Act No.188/1994 Coll. on Protection of Economic Competition (hereinafter referred to as “Competition Act”). | ''Governed by:'' Act No.188/1994 Coll. on Protection of Economic Competition (hereinafter referred to as “Competition Act”). | ||
| Line 55: | Line 55: | ||
| Voluntary | | Voluntary | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| | | | ||
| Mandatory | | Mandatory | ||
| | | 3 | ||
| | | Merger notification is mandatory, and the Antimonopoly Office can impose fines for failing to notify. <ref>OECD 1997 at 9</ref> | ||
|- | |- | ||
| Line 72: | Line 72: | ||
| | | | ||
| Post-merger | | Post-merger | ||
| | | 1 | ||
| | | A merger must be "notified to the Authority within 15 days after agreement conclusion"<ref>OECD 1997 at 10</ref> | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
| | | 1 | ||
| | | The Act prohibits a merger that "creates or strengthens a dominant position"<ref>OECD 1997 at 8</ref> | ||
|- | |- | ||
| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 1 | ||
| | | In assessing mergers, the Antimonopoly Office looks to whether the merger will restrict competition<ref>OECD 1997 at 12</ref> | ||
|- | |- | ||
| Line 108: | Line 108: | ||
| | | | ||
| Efficiency | | Efficiency | ||
| | | 1 | ||
| | | The Act allows otherwise impermissible mergers if "the harm resulting from the restriction | ||
on competition will be outweighed by overall economic advantages of the concentration"<ref>OECD 1997 at 8</ref> | |||
|- class="categorydivision" | |- class="categorydivision" | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | The Act prohibits "restrictions on production"<ref>OECD 1997 at 6</ref> | ||
| Line 121: | Line 122: | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | | ||
| Line 133: | Line 134: | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | The Act prohibits "commitment by the parties to the agreement that different trade conditions relating | ||
to the same contractual subject matter will be applied to individual entrepreneurs" <ref>OECD 1997 at 5</ref> | |||
|- | |- | ||
| Line 163: | Line 165: | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| | | The Act prohibits "conditions which connect conclusion of contracts to the acceptance of | ||
supplementary obligations which are not related to the subject of those contracts"<ref>OECD 1997 at 5</ref> | |||
|- | |- | ||
| | | | ||
| Market Division | | Market Division | ||
| | | 1 | ||
| | | The Act prohibits market division. <ref>OECD 1997 at 5</ref> | ||
|- | |- | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| | | The Act prohibits agreements that "limit or control production"<ref>OECD 1997 at 5</ref> | ||
|- | |- | ||
Latest revision as of 17:08, 30 January 2008
Score = 13
Governed by: Act No.188/1994 Coll. on Protection of Economic Competition (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The Competition Act allows imposing sanctions for violations of its provisions. [2] |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | "Parties to the proceedings or those whose interests have been affected by the decision can
submit an appeal against the decision"[3] | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Merger notification is mandatory, and the Antimonopoly Office can impose fines for failing to notify. [4] | |
| Pre-merger | 0 | ||
| Post-merger | 1 | A merger must be "notified to the Authority within 15 days after agreement conclusion"[5] | |
| Merger Assessment | Dominance | 1 | The Act prohibits a merger that "creates or strengthens a dominant position"[6] |
| Restriction of Competition | 1 | In assessing mergers, the Antimonopoly Office looks to whether the merger will restrict competition[7] | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | The Act allows otherwise impermissible mergers if "the harm resulting from the restriction
on competition will be outweighed by overall economic advantages of the concentration"[8] | |
| Dominance | Limits Access | 1 | The Act prohibits "restrictions on production"[9]
|
| Abusive Acts | 1 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | The Act prohibits "commitment by the parties to the agreement that different trade conditions relating
to the same contractual subject matter will be applied to individual entrepreneurs" [10] | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | The Act prohibits agreements that fix prices. [11] |
| Tying | 1 | The Act prohibits "conditions which connect conclusion of contracts to the acceptance of
supplementary obligations which are not related to the subject of those contracts"[12] | |
| Market Division | 1 | The Act prohibits market division. [13] | |
| Output Restraint | 1 | The Act prohibits agreements that "limit or control production"[14] | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
|
References
- ↑ Primary source not available. We relied on two secondary sources: an OECD Report from 1997 and 1998 (hereinafter referred to as "OECD 1997" and "OECD 1998"). They are available at http://www.oecd.org/dataoecd/4/18/1823848.pdf and http://www.oecd.org/dataoecd/2/35/1821797.pdf, respectively.
- ↑ OECD 1997 at 4
- ↑ OECD 1997 at 4
- ↑ OECD 1997 at 9
- ↑ OECD 1997 at 10
- ↑ OECD 1997 at 8
- ↑ OECD 1997 at 12
- ↑ OECD 1997 at 8
- ↑ OECD 1997 at 6
- ↑ OECD 1997 at 5
- ↑ OECD 1997 at 5
- ↑ OECD 1997 at 5
- ↑ OECD 1997 at 5
- ↑ OECD 1997 at 5