Spain/EU, 2007: Difference between revisions
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'''Score = ''' | '''Score = 26''' | ||
''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> and Spanish Law no. 15/2007 of 3 July 2007 | ''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> and the '''Spanish Competition Act''': Law no. 15/2007 of 3 July 2007. | ||
<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref> | <ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref> | ||
| Line 18: | Line 18: | ||
| Fines | | Fines | ||
| 1 | | 1 | ||
| Article 53(2)(d) of the Competition Act allows for the imposition of fines as governed by Articles 63 and following. | | Article 53(2)(d) of the Spanish Competition Act allows for the imposition of fines as governed by Articles 63 and following. | ||
|- | |- | ||
| Line 30: | Line 30: | ||
| Divestitures | | Divestitures | ||
| 1 | | 1 | ||
| Article 53(2)(b) of the Competition Act allows for structural remedies. | | Article 53(2)(b) of the Spanish Competition Act allows for structural remedies. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 36: | Line 36: | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| 1 | | 1 | ||
| Article 49(1) of the Competition Act allows any concerned natural or legal persons to make a complaint. | | Article 49(1) of the Spanish Competition Act allows any concerned natural or legal persons to make a complaint. | ||
|- | |- | ||
| Line 42: | Line 42: | ||
| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| 1 | | 1 | ||
| The preamble to the Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.<ref> Competition Act at page 4.</ref>. Private enforcement of Articles 81 and 82 is mandated and encouraged by the European Commission. | | The preamble to the Spanish Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.<ref> Competition Act at page 4.</ref>. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. | ||
|- | |- | ||
| Line 60: | Line 60: | ||
| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| Article 9 of the Competition Act requires mandatory notification of all concentrations. | | Article 9 of the Spanish Competition Act requires mandatory notification of all concentrations. | ||
|- | |- | ||
| Line 66: | Line 66: | ||
| Pre-merger | | Pre-merger | ||
| 2 | | 2 | ||
| Article 9 requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6). | | Article 9 of the Spanish Competition Act requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6). | ||
|- | |- | ||
| Line 78: | Line 78: | ||
| Dominance | | Dominance | ||
| 1 | | 1 | ||
| Article 10(1) considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors. | | Article 10(1) of the Spanish Competition Act considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors. | ||
|- | |- | ||
| Line 84: | Line 84: | ||
| Restriction of Competition | | Restriction of Competition | ||
| 1 | | 1 | ||
| Article 10(1) considers the possible restrictive effects on competition. | | Article 10(1) of the Spanish Competition Act considers the possible restrictive effects on competition. | ||
|- | |- | ||
| Line 90: | Line 90: | ||
| Public Interest (Pro D) | | Public Interest (Pro D) | ||
| 1 | | 1 | ||
| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger. | | Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger. | ||
|- | |- | ||
| Line 96: | Line 96: | ||
| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
| 1 | | 1 | ||
| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger. | | Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger. | ||
|- | |- | ||
| Line 108: | Line 108: | ||
| Efficiency | | Efficiency | ||
| 1 | | 1 | ||
| 10(1)(h) considers economic efficiency. | | 10(1)(h) of the Spanish Competition Act considers economic efficiency. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 138: | Line 138: | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| 1 | | 1 | ||
| Article 82(a) prohibits resale price maintenance. | | Article 82(a) of the Rome Treaty prohibits resale price maintenance. | ||
|- | |- | ||
| Line 144: | Line 144: | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| 1 | | 1 | ||
| Article 82 prohibits anti-competitive pricing schemes. | | Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes. | ||
|- | |- | ||
| Line 156: | Line 156: | ||
| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| Article 81(1)(a) prohibits price fixing. | | Article 81(1)(a) of the Rome Treaty prohibits price fixing. | ||
|- | |- | ||
| Line 162: | Line 162: | ||
| Tying | | Tying | ||
| 1 | | 1 | ||
| Article 81(1)(e) prohibits tying. | | Article 81(1)(e) of the Rome Treaty prohibits tying. | ||
|- | |- | ||
| Line 168: | Line 168: | ||
| Market Division | | Market Division | ||
| 1 | | 1 | ||
| Article 81 prohibits customer allocation clauses. | | Article 81 of the Rome Treaty prohibits customer allocation clauses. | ||
|- | |- | ||
| Line 174: | Line 174: | ||
| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| Article 81(1)(b) prohibits limiting production. | | Article 81(1)(b) of the Rome Treaty prohibits limiting production. | ||
|- | |- | ||
| Line 180: | Line 180: | ||
| Market Sharing | | Market Sharing | ||
| 1 | | 1 | ||
| Article 81(1)(c) prohibits market sharing. | | Article 81(1)(c) of the Rome Treaty prohibits market sharing. | ||
|- | |- | ||
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| Eliminating Competitors | | Eliminating Competitors | ||
| 1 | | 1 | ||
| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition. | | Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition. | ||
|- | |- | ||
| Line 192: | Line 192: | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| 1 | | 1 | ||
| Article 81 prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref> | | Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref> | ||
|- | |- | ||
| Line 198: | Line 198: | ||
| Supply Refusal | | Supply Refusal | ||
| 1 | | 1 | ||
| Article 81(1)(b) prohibits supply refusal. | | Article 81(1)(b) of the Rome Treaty prohibits supply refusal. | ||
|- | |- | ||
| Line 204: | Line 204: | ||
| Efficiency Defense | | Efficiency Defense | ||
| 1 | | 1 | ||
| Article 81(3) allows an efficiency defense. | | Article 81(3) of the Rome Treaty allows an efficiency defense. | ||
|} | |} | ||
Latest revision as of 15:56, 6 August 2008
Score = 26
Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Spanish Competition Act: Law no. 15/2007 of 3 July 2007. [2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Article 53(2)(d) of the Spanish Competition Act allows for the imposition of fines as governed by Articles 63 and following. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 53(2)(b) of the Spanish Competition Act allows for structural remedies. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 49(1) of the Spanish Competition Act allows any concerned natural or legal persons to make a complaint. |
| Remedies Available to 3rd Parties | 1 | The preamble to the Spanish Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.[3]. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification[4] | Voluntary | 0 | |
| Mandatory | 3 | Article 9 of the Spanish Competition Act requires mandatory notification of all concentrations. | |
| Pre-merger | 2 | Article 9 of the Spanish Competition Act requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6). | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 10(1) of the Spanish Competition Act considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors. |
| Restriction of Competition | 1 | Article 10(1) of the Spanish Competition Act considers the possible restrictive effects on competition. | |
| Public Interest (Pro D) | 1 | Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger. | |
| Public Interest (Pro Authority) | 1 | Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger. | |
| Other | 0 | ||
| Efficiency | 1 | 10(1)(h) of the Spanish Competition Act considers economic efficiency. | |
| 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 | ||
| 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.[5] | |
| 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
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.
- ↑ Competition Act at page 4.
- ↑ 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.
- ↑ http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf