Netherlands/EU, 2007: Difference between revisions
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| Fines | | Fines | ||
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| Articles 56, 69, 71-75 require fines for certain violations. | | Articles 56, 69, 71-75 of the Dutch Competition Act require fines for certain violations. | ||
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| 3rd Party Initiation | | 3rd Party Initiation | ||
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| Third parties can rely on Articles 6(1) and 24(1) of the Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref> | | Third parties can rely on Articles 6(1) and 24(1) of the Dutch Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref> | ||
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| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
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| Third parties can rely on Articles 6(1) and 24(1) of the Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref> | | Third parties can rely on Articles 6(1) and 24(1) of the Dutch Competition Act to bring an action for damages or ask for an injunction.<ref><I> See Competition Law in the EU</i>, at 457.</ref> | ||
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| Merger Notification | | Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref> | ||
| Voluntary | | Voluntary | ||
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| Mandatory | | Mandatory | ||
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| Article 34 requires notification of concentrations to the director general. | | Article 34 of the Dutch Competition Act requires notification of concentrations to the director general. | ||
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| Pre-merger | | Pre-merger | ||
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| Article 34 says that this notification must occur 4 weeks before the merger. | | Article 34 of the Dutch Competition Act says that this notification must occur 4 weeks before the merger. | ||
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| Dominance | | Dominance | ||
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| Articles 37(2) and 41(2) state that a merger may require further investigation if there is evidence that it will create a dominant position. | | Articles 37(2) and 41(2) of the Dutch Competition Act state that a merger may require further investigation if there is evidence that it will create a dominant position. | ||
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| Restriction of Competition | | Restriction of Competition | ||
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| Articles 37(2) and 41(2) state that a merger may require further investigation if it may significantly restrict effective competition. | | Articles 37(2) and 41(2) of the Dutch Competition Act state that a merger may require further investigation if it may significantly restrict effective competition. | ||
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| Public Interest (Pro D) | | Public Interest (Pro D) | ||
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| Article 47(1) states that a Minister may allow an otherwise prohibited merger to go through if doing so is in the public interest. | | Article 47(1) of the Dutch Competition Act states that a Minister may allow an otherwise prohibited merger to go through if doing so is in the public interest. | ||
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| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
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| Article 41(3) considers whether one or both of the companies is “entrusted with the operation of a service of general economic interest” in which case the Commission must decide what effect allowing or not allowing the merger would have on their performance of that service. | | Article 41(3) of the Dutch Competition Act considers whether one or both of the companies is “entrusted with the operation of a service of general economic interest” in which case the Commission must decide what effect allowing or not allowing the merger would have on their performance of that service. | ||
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Latest revision as of 21:23, 14 August 2008
Score =
Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty)[1] , Regulation 1/2003 of 16 December 2002 and Law no. 1997/242 of 22 May 1997 as last amended on 1 October 2007 (hereinafter referred to as “Competition Act”)[2].
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU Law (Rome Treater) governs whether conduct has effects on trade between Member States, pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Articles 56, 69, 71-75 of the Dutch Competition Act require fines for certain violations. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Third parties can rely on Articles 6(1) and 24(1) of the Dutch Competition Act to bring an action for damages or ask for an injunction.[3] |
| Remedies Available to 3rd Parties | 1 | Third parties can rely on Articles 6(1) and 24(1) of the Dutch Competition Act to bring an action for damages or ask for an injunction.[4] | |
| 3rd Party Rights in Proceedings | 1 | “Interested Parties” have several rights in the course of proceedings including the right to appeal and participate in the case. | |
| Merger Notification[5] | Voluntary | 0 | |
| Mandatory | 3 | Article 34 of the Dutch Competition Act requires notification of concentrations to the director general. | |
| Pre-merger | 2 | Article 34 of the Dutch Competition Act says that this notification must occur 4 weeks before the merger. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Articles 37(2) and 41(2) of the Dutch Competition Act state that a merger may require further investigation if there is evidence that it will create a dominant position. |
| Restriction of Competition | 1 | Articles 37(2) and 41(2) of the Dutch Competition Act state that a merger may require further investigation if it may significantly restrict effective competition. | |
| Public Interest (Pro D) | 1 | Article 47(1) of the Dutch Competition Act states that a Minister may allow an otherwise prohibited merger to go through if doing so is in the public interest. | |
| Public Interest (Pro Authority) | 1 | Article 41(3) of the Dutch Competition Act considers whether one or both of the companies is “entrusted with the operation of a service of general economic interest” in which case the Commission must decide what effect allowing or not allowing the merger would have on their performance of that service. | |
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 82(b) of the Rome Treaty prohibits limiting access. |
| Abusive Acts | 1 | Article 82 of the Rome Treaty prohibits abuse of dominant position. | |
| Price Setting | 1 | Article 82(a) of the Rome Treaty prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 82(c) of the Rome Treaty prohibits discriminatory conditions. | |
| Resale Price Maintenance | 1 | Article 82(a) of the Rome Treaty prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) of the Rome Treaty prohibits price fixing. |
| Tying | 1 | Article 81(1)(e) of the Rome Treaty prohibits tying. | |
| Market Division | 1 | Article 81 of the Rome Treaty prohibits customer allocation clauses. | |
| Output Restraint | 1 | Article 81(1)(b) of the Rome Treaty prohibits limiting production. | |
| Market Sharing | 1 | Article 81(1)(c) of the Rome Treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the Rome Treaty prohibits bid-rigging.[6] | |
| Supply Refusal | 1 | Article 81(1)(b) of the Rome Treaty prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) of the Rome Treaty allows an efficiency defense. |
References
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ Competition Law in the EU, at 753-791; http://www.globalcompetitionforum.org/regions/europe/Netherlands/New%20regulations%20on%20economic%20competition.pdf
- ↑ See Competition Law in the EU, at 457.
- ↑ See Competition Law in the EU, at 457.
- ↑ The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
- ↑ http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf