Syria, 2008: Difference between revisions
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'''Score = | '''Score = 24''' | ||
''Governed by: Law on Competition and the Prevention of Monopoly (Law 7 of 2008)<ref>law available in Arabic from the ''Carnegie Endowment for International Peace'' and ''The Syria Report,'' at http://www.syria-report.com/doc/Competition_and_Anti-Trust_Law.pdf - Google translate was used to translate the statute into English.</ref> ("the statute").'' | ''Governed by: Law on Competition and the Prevention of Monopoly (Law 7 of 2008)<ref>law available in Arabic from the ''Carnegie Endowment for International Peace'' and ''The Syria Report,'' at http://www.syria-report.com/doc/Competition_and_Anti-Trust_Law.pdf - Google translate was used to translate the statute into English.</ref> ("the statute").'' | ||
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| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | Article 6 prohibits using a dominant position to limit market access. | ||
|- | |- | ||
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| Resale Price Maintenance | | Resale Price Maintenance | ||
| 1 | | 1 | ||
| Articles 6( | | Articles 6(A) and 8(A)(1) ban resale price maintenance. | ||
|- | |- | ||
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| Eliminating Competitors | | Eliminating Competitors | ||
| 1 | | 1 | ||
| Article 5( | | Article 5(8) prohibits agreements which deny access to supplies and arrangements crucial to competition. Article 6B bans dominant companies from selling below cost to drive competitors from the market. | ||
|- | |- | ||
| | | | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| 1 | | 1 | ||
| Line 204: | Line 204: | ||
| Efficiency Defense | | Efficiency Defense | ||
| 1 | | 1 | ||
| Article 5(c) provides for an efficiency defense of otherwise prohibited practices. | | Article 5(c) provides for an efficiency defense of otherwise prohibited practices. | ||
|} | |} | ||
Latest revision as of 20:38, 18 July 2008
Score = 24
Governed by: Law on Competition and the Prevention of Monopoly (Law 7 of 2008)[1] ("the statute").
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3(D) of the statute states that it applies to extraterritorial activities which affect the Syrian market. |
| Remedies | Fines | 1 | Articles 23(A) and (B) provide for fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 14(A)(3) provides for divestitures of certain mergers. | |
| Private Enforcement | Third Party Initiation | 1 | Article 17 permits consumers and Chambers of Commerce to ask the council to investigate violations. |
| Remedies Available to 3rd Parties | 1 | Art. 26 affords injured third parties a civil action. | |
| 3rd Party Rights in Proceedings | 1 | Article 10D says that interested third parties may submit writings to the Ministers on proposed mergers. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 9(B) provides for mandatory, pre-merger notification for certain mergers. | |
| Pre-merger | 2 | Article 9(B) provides for mandatory, pre-merger notification for certain mergers. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Articles 9(A) and (B) state that strengthening a dominant position is a factor in merger analysis |
| Restriction of Competition | 1 | Articles 9(A) and (B) state that the effects on competition are considerations in merger analysis | |
| Public Interest (Pro D) | 1 | Article 14(A)(1) states that a merger may be allowed if there are public interest justifications for it. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 14(A)(1) states that a efficiency considerations may play a role in deciding to grant a merger. | |
| Dominance | Limits Access | 1 | Article 6 prohibits using a dominant position to limit market access. |
| Abusive Acts | 1 | Article 6 bans abuse of a dominant position | |
| Price Setting | 1 | Article 6(A) bans price setting.
| |
| Discriminatory Pricing | 1 | Articles 6(C) and 8(A)(2) ban discriminatory pricing. | |
| Resale Price Maintenance | 1 | Articles 6(A) and 8(A)(1) ban resale price maintenance. | |
| Obstacles to Entry | 1 | Article 6 bans the creation of obstacles to entry | |
| Efficiency Defense | 1 | Article 7(B) allows for otherwise prohibited practices if they contribute to efficiency. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 5(1) bans price fixing |
| Tying | 0 | ||
| Market Division | 1 | Article 5(3) bans market division. | |
| Output Restraint | 1 | Article 5(4) bans output restraint. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 5(8) prohibits agreements which deny access to supplies and arrangements crucial to competition. Article 6B bans dominant companies from selling below cost to drive competitors from the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 5(2) bans bid-rigging. | |
| Supply Refusal | 1 | Article 5(6) bans agreements refusing to supply. | |
| Efficiency Defense | 1 | Article 5(c) provides for an efficiency defense of otherwise prohibited practices. |
References
- ↑ law available in Arabic from the Carnegie Endowment for International Peace and The Syria Report, at http://www.syria-report.com/doc/Competition_and_Anti-Trust_Law.pdf - Google translate was used to translate the statute into English.