Papua New Guinea (2002)

Score = 13

Governed by: The Independent Consumer and Competition Commission Act 2002.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article 47 says that the law applies to conduct outside PNG if it has an effect on a local market.
Remedies	Fines	1	Article 87 allows for the imposition of fines.
	Prison Sentences	0
	Divestitures	1	Article 98 says that the Court may order divestiture of assets or shares.
Private Enforcement	3rd Party Initiation	0
	Remedies Available to 3rd Parties	1	Article 94 makes some of the violations into actions for damages for injured parties.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	1	Article 81 says that a person who proposes to acquire a business may give notice to the Commission seeking clearance.
	Mandatory	0
	Pre-merger	0
	Post-merger	1
Merger Assessment	Dominance	0
	Restriction of Competition	1	Article 69 prohibits acquisitions that would substantially lessen competition in a market.
	Public Interest (Pro D)	1	Article 82 allows the Commission to permit an otherwise banned merger if it is in the public interest.
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 62 prohibits withholding supply from consumers.
	Abusive Acts	0
	Price Setting	0
	Discriminatory Pricing	0
	Resale Price Maintenance	1	Article 59 prohibits RPM.
	Obstacles to Entry	1	Article 58 prohibits restricting the entry of a person to the market.
	Efficiency Defense	1	Article 46 requires the Commission to consider the effects on efficiency.
Restrictive Trade Practices	Price Fixing	1	Article 53 prohibits price fixing.
	Tying	0
	Market Division	0
	Output Restraint	1	Article 52 prohibits contracts that limit the supply of goods.
	Market Sharing	0
	Eliminating Competitors	1	Article 58 prohibits eliminating a person from the market.
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	1	Article 52 prohibits group boycotts.
	Efficiency Defense	1	Article 46 requires the Commission to consider the effects on efficiency.