Cyprus (1999)

Score = 23

Governed by: The Protection of Competition Law of 1989 (Law 207 of 1989) and the Law to Provide for the Control of Concentrations between Enterprises for the Purposes of Protection of Effective Competition of 1999.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article 3 says that the law apples to anything that has the effect of restricting competition in the market.
Remedies	Fines	1	Article 22(b) allows the Commission to impose fines for violations of Articles 4 and 6.
	Prison Sentences	1	Article 32 allows imprisonment for refusing to comply with injunctions pertaining to Articles 4 and 6.
	Divestitures	1	Article 42 allows for partial or full dissolution of a concentration.
Private Enforcement	3rd Party Initiation	1	Article 16 and Article 22 allows 3rd parties to file an application with the Commission to initiate proceedings.
	Remedies Available to 3rd Parties	1	Article 35 allows injured parties to bring suits for damages.
	3rd Party Rights in Proceedings	1	Article 16(5) allows interested 3rd parties to participate in the hearings.
Merger Notification	Voluntary	0
	Mandatory	3	Article 9 of the Concentrations Act says that a merger does not come into effect until approval from the commission is received.
	Pre-merger	2	Article 9 of the Concentrations Act says that a merger does not come into effect until approval from the commission is received.
	Post-merger	0
Merger Assessment	Dominance	1	Article 10 of the Concentration Act says that a merger that creates a dominant market position is prohibited.
	Restriction of Competition	1	Article 12 considers the structure of the market
	Public Interest (Pro D)	1	Article 36 of the Concentration Act allows the Minister to declare an otherwise impermissible merger allowed because it is of major public interest.
	Public Interest (Pro Authority)	1	Article 12 allows the commission to look at negative effects on intermediate and final consumers.
	Other	0
	Efficiency	1	Article 36 of the Concentration Act allows the Minister to declare an otherwise impermissible merger allowed because of its effects on efficiency.
Dominance	Limits Access	1	Article 6(2)(b) prohibits restricting the market to consumers.
	Abusive Acts	1	Article 6(1) prohibits the abuse of a dominant position.
	Price Setting	1	Article 6(2)(a) prohibits price setting.
	Discriminatory Pricing	1	Article 6(2)(c) prohibits the imposition of discriminatory conditions and prices.
	Resale Price Maintenance	0
	Obstacles to Entry	0
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 4(1)(a) prohibits price fixing.
	Tying	1	Article 4(1)(e) prohibits tying arrangements.
	Market Division	1	Article 4(1)(c) prohibits market division.
	Output Restraint	1	Article 4(1)(b) prohibits output restraint.
	Market Sharing	0
	Eliminating Competitors	1	Article 4(1) prohibits agreements that attempt "elimination, restriction or distortion of competition"
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	0
	Efficiency Defense	1	Article 5(1) allows certain agreements prohibited in Article 4 when they contribute to the economy.