European Commission: Difference between revisions

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New page: '''Score = ''' ''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at htt...
 
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'''Score = '''
<h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">Treaty</h1>


''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.<ref>Also available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> 
:* [[EU Law, 2009]]
:* [[EU Law, 2005]]


{| class="wikitable"
<h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2>
|-
! Category !! Subcategory !! Score !! Comment
 
|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
 
|- class="categorydivision"
| Remedies
| Fines
| 1
| Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)
 
|-
|
| Prison Sentences
| 0
|
 
|-
|
| Divestitures
| 1
| Article 8(4) of Regulation 139/2004 (EC Merger Regulation).
 
|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Council Regulation 1/2003 (Chapter III, Article 7(2))
 
|-
|
| Remedies Available to 3rd Parties
| 1
| Private citizens have a right to bring a civil action in a national court with adequate competence<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>
|-
|
| 3rd Party Rights in Proceedings
| 1
| Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to Regulation 139/2004, para. 38)
 
|- class="categorydivision"
| 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
| 0
|
|-
|
| Mandatory
| 3
| Article 11c(1) of the Finnish Competition Act requires notification.
|-
|
| Pre-merger
| 2
| Article 11c(1) of the Finnish Competition Act requires that notification occur within a week of a triggering event (which ranges from the actual acquisition of control to a decision to merge).
|-
|
| Post-merger
| 0
|
|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 11d(1) of the Finnish Competition Act says that the Competition Council may ban a merger if it would strengthen a dominant position.
|-
|
| Restriction of Competition
| 1
| Article 11d(1) of the Finnish Competition Act allows the Competition Council to ban a merger which would significantly impede competition.
|-
|
| Public Interest (Pro D)
| 0
|
|-
|
| Public Interest (Pro Authority)
| 0
|
|-
|
| Other
| 0
|
|-
|
| Efficiency
| 0
|
 
|- class="categorydivision"
| 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
|
|- class="categorydivision"
| 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.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>
|-
|
| 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 ==
<references />
<references />

Latest revision as of 21:20, 17 November 2010

Treaty

References

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