Albania (December 7, 1995): Difference between revisions
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'''Score = | '''Score = 24''' | ||
''Governed by:'' Law No. 8044, | ''Governed by:'' Law No. 8044 on Competition, came into force December 7, 1995. | ||
<ref>World Intellectual Property Organization (WIPO) Website, http://www.wipo.int/clea/docs_new/en/al/al005en.html</ref> | <ref>World Intellectual Property Organization (WIPO) Website, http://www.wipo.int/clea/docs_new/en/al/al005en.html</ref> | ||
Latest revision as of 00:35, 14 January 2009
Score = 24
Governed by: Law No. 8044 on Competition, came into force December 7, 1995. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Art. 2 extends scope beyond Albania |
| Remedies | Fines | 1 | Art. 67 discusses potential fines |
| Prison Sentences | 1 | Art.68 imposes penal responsibility in certain cases | |
| Divestitures | 1 | Art. 5 mandates splitting of dominant companies | |
| Private Enforcement | 3rd Party Initiation | 1 | Art. 62(1) allows 3rd party initiation |
| Remedies Available to 3rd Parties | 1 | Art. 62(1), 63(2) provide various possible remedies | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Art. 9 requires clearance from the competition dept. | |
| Pre-merger | 2 | Art. 9 requires advance notice | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Art. 10 considers dominant position |
| Restriction of Competition | 1 | Art. 10 considers effect on competition | |
| Public Interest (Pro D) | 1 | Art. 10 considers factors that would benefit the public | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | Art. 10 considers effect on competitors abroad | |
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Art. 41(2) prohibits restricting production |
| Abusive Acts | 1 | Art. 41(1) prohibits exploiting a dominant position | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Art. 41(2) prohibits discriminatory pricing | |
| Resale Price Maintenance | 1 | Art. 19(1) prohibits dictating terms for interaction with 3rd parties | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Art. 16(a) prohibits price setting |
| Tying | 1 | Art. 20(c), Art. 41(2) prohibit tying | |
| Market Division | 1 | Art. 16(b) prohibits assigning customers | |
| Output Restraint | 1 | Art. 16(c) prohibits restricting production | |
| Market Sharing | 1 | Art. 16(b), Art. 20(e) prohibit market sharing | |
| Eliminating Competitors | 1 | Art. 39(1) prohibits manipulating price to reduce competition | |
| Collusive Tendering/Bid-Rigging | 1 | Art. 16(b) prohibits dividing drawing up quotations | |
| Supply Refusal | 1 | Art. 20(b) prohibits restricting freedom to purchase | |
| Efficiency Defense | 1 | Art. 20(f) implies some form of efficiency defense |
References
- ↑ World Intellectual Property Organization (WIPO) Website, http://www.wipo.int/clea/docs_new/en/al/al005en.html