Jordan 2004: Difference between revisions
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'''Score = | '''Score = 23''' | ||
''Governed by:'' The Competition Law of | ''Governed by:'' The Competition Law of 2004 (hereinafter referred to as “Competition Law”). | ||
<ref>http://www.internationalcompetitionnetwork.org/media/archive0611/mergerjordanlaw.pdf</ref> | <ref>http://www.internationalcompetitionnetwork.org/media/archive0611/mergerjordanlaw.pdf</ref> | ||
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| Other | | Other | ||
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| Tying | | Tying | ||
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| Article 6(G) prohibits tying. | | Article 6(G) prohibits tying. | ||
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Latest revision as of 23:59, 4 April 2009
Score = 23
Governed by: The Competition Law of 2004 (hereinafter referred to as “Competition Law”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3 extends the scope of the Law to all activities that have an effect in Jordan. |
| Remedies | Fines | 1 | Articles 20-26 allows the Minister to impose fines for violations of the Law. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 17 allows for 3rd party initiation of proceedings. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | Article 17 allows affected 3rd parties to be parties to the case. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 10 requires merging companies to submit an application for the approval of the proposed merger. | |
| Pre-merger | 2 | The approval must come before the merger can occur. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Articles 9(B) and 10(A) both consider whether the firm's market share is substantial. |
| Restriction of Competition | 1 | Article 11 allows the Minister to deny a merger application if it negatively impacts competition. | |
| Public Interest (Pro D) | 1 | Article (11)(A)(1). | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 11(A)(1) says the minister can allow an otherwise impermissible merger which has positive economic benefits such as lowering prices or providing employment. | |
| Dominance | Limits Access | 1 | Article 6(E) and (F) prohibit various methods of limiting access to the market such as supply refusal and control over purchasing. |
| Abusive Acts | 1 | Article 6 prohibits the abuse of a dominant position. | |
| Price Setting | 1 | Article 6(A) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 6(C) prohibits price discrimination. | |
| Resale Price Maintenance | 1 | Article 8 prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 6(B) prohibits activities that lead to barriers to entry. | |
| Efficiency Defense | 1 | Article 7(B) and (C). | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 5(A)(1) prohibits price fixing. |
| Tying | 1 | Article 6(G) prohibits tying. | |
| Market Division | 1 | Article 5(A)(3) prohibits market division. | |
| Output Restraint | 1 | Article 5(A)(2) prohibits output restraint. | |
| Market Sharing | 1 | Article 5(A)(3) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 5(A)(4) prohibits agreements to eliminate other enterprises. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 5(A)(5) prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 7(B) and (C). |