Albania (July 28, 2003): Difference between revisions
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'''Score = 20''' | '''Score = 20''' | ||
''Governed by:'' Law No. 9121, | ''Governed by:'' Law No. 9121 on Competition Protection, came into force July 28, 2003 | ||
<ref>Global Competition Forum (GCF) Website, http://www.globalcompetitionforum.org/regions/europe/Albania/Approved%20Law%209121%20A.pdf</ref> | <ref>Global Competition Forum (GCF) Website, http://www.globalcompetitionforum.org/regions/europe/Albania/Approved%20Law%209121%20A.pdf</ref> | ||
| Line 84: | Line 84: | ||
| Restriction of Competition | | Restriction of Competition | ||
| 0 | | 0 | ||
| | | | ||
|- | |- | ||
| Line 101: | Line 101: | ||
| | | | ||
| Other | | Other | ||
| | | 1 | ||
| | | Art. 13(2)(a) provides a business failure defense for a firm that would exit the market in the near future if the merger does not take place. | ||
|- | |- | ||
| Line 126: | Line 126: | ||
| Price Setting | | Price Setting | ||
| 1 | | 1 | ||
| Art. 9(2)(a) prohibits price setting | | Art. 9(2)(a) prohibits price setting. Art. 9(2)(d) prohibits predatory pricing. | ||
|- | |- | ||
Latest revision as of 00:35, 14 January 2009
Score = 20
Governed by: Law No. 9121 on Competition Protection, came into force July 28, 2003 [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Art. 2(1)(b) extends scope beyond Albania |
| Remedies | Fines | 1 | Art. 73-78 provide for fines |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Art. 62(1) allows divestiture | |
| Private Enforcement | 3rd Party Initiation | 1 | Art. 65(1) allows 3rd party civil proceedings |
| Remedies Available to 3rd Parties | 1 | Art. 65(1)(a),(b) provides for remedies to 3rd parties | |
| 3rd Party Rights in Proceedings | 1 | Art. 47(1) invites 3rd parties to intervene | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Art. 74(1) provides for fines if no notification given | |
| Pre-merger | 2 | Art. 14(1) requires pre-merger notification. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Art. 13(1) considers dominant position |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | Art. 13(2)(a) provides a business failure defense for a firm that would exit the market in the near future if the merger does not take place. | |
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Art. 9(2)(b) prohibits limiting production, markets |
| Abusive Acts | 1 | Art. 9(1) prohibits abuse of dominant position | |
| Price Setting | 1 | Art. 9(2)(a) prohibits price setting. Art. 9(2)(d) prohibits predatory pricing. | |
| Discriminatory Pricing | 1 | Art. 9(2)(c) prohibits discriminatory pricing | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Art. 9(2)(d) prohibits preventing entry | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Art. 4(1)(a) prohibits price fixing |
| Tying | 1 | Art. 4(1)(d) prohibits tying | |
| Market Division | 0 | ||
| Output Restraint | 1 | Art. 4(1)(b) prohibits limiting or controlling production, markets | |
| Market Sharing | 1 | Art. 4(1)(c) prohibits market sharing | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Art. 5(1), Art. 6(1) allow for efficiency defense |
References
- ↑ Global Competition Forum (GCF) Website, http://www.globalcompetitionforum.org/regions/europe/Albania/Approved%20Law%209121%20A.pdf