|
|
| (8 intermediate revisions by 3 users not shown) |
| Line 1: |
Line 1: |
| '''Score = '''
| | <h1 style="margin:0; font-size:155%;text-align:left; color:#666; padding:0.2em 0.2em;">Treaty</h1> |
|
| |
|
| ''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> Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.<ref>Available at http://ec.europa.eu/comm/competition/mergers/legislation/regulations.html#merger_reg</ref>
| | :* [[EU Law, 2009]] |
| | :* [[EU Law, 2005]] |
|
| |
|
| {| class="wikitable"
| | <h2 style="margin:0; font-size:140%;text-align:left; color:#666; padding:0.2em 0.2em;">References</h2> |
| |-
| |
| ! Category !! Subcategory !! Score !! Comment
| |
| | |
| |- class="categorydivision"
| |
| | Scope
| |
| | Extraterritoriality
| |
| | 1
| |
| | EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
| |
| | |
| |- class="categorydivision"
| |
| | Remedies
| |
| | Fines
| |
| | 1
| |
| | Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)
| |
| | |
| |-
| |
| |
| |
| | Prison Sentences
| |
| | 0
| |
| |
| |
| | |
| |-
| |
| |
| |
| | Divestitures
| |
| | 1
| |
| | Article 8(4) of Regulation 139/2004 (EC Merger Regulation).
| |
| | |
| |- class="categorydivision"
| |
| | Private Enforcement
| |
| | 3rd Party Initiation
| |
| | 1
| |
| | Council Regulation 1/2003 (Chapter III, Article 7(2))
| |
| | |
| |-
| |
| |
| |
| | Remedies Available to 3rd Parties
| |
| | 1
| |
| | Private citizens have a right to bring a civil action in a national court with adequate competence<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>
| |
|
| |
| |-
| |
| |
| |
| | 3rd Party Rights in Proceedings
| |
| | 1
| |
| | Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)
| |
| | |
| |- class="categorydivision"
| |
| | Merger Notification
| |
| | Voluntary
| |
| | 0
| |
| |
| |
|
| |
| |-
| |
| |
| |
| | Mandatory
| |
| | 3
| |
| | Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
| |
|
| |
| |-
| |
| |
| |
| | Pre-merger
| |
| | 2
| |
| | Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
| |
|
| |
| |-
| |
| |
| |
| | Post-merger
| |
| | 0
| |
| |
| |
|
| |
| |- class="categorydivision"
| |
| | Merger Assessment
| |
| | Dominance
| |
| | 1
| |
| | EC Merger Control Regulation 139/2004, Article 2(1)(b) and 2(2) and 2(3)
| |
| |-
| |
| |
| |
| | Restriction of Competition
| |
| | 1
| |
| | EC Merger Control Regulation 139/2004, Article 2(1) and 2(2) and 2(3)
| |
|
| |
| |-
| |
| |
| |
| | Public Interest (Pro D)
| |
| | 1
| |
| | EC Merger Control Regulation 139/2004, Article 2(1)(b)
| |
|
| |
| |-
| |
| |
| |
| | Public Interest (Pro Authority)
| |
| | 1
| |
| | EC Merger Control Regulation 139/2004, Article 2(1)(b)
| |
|
| |
| |-
| |
| |
| |
| | Other
| |
| | 0
| |
| |
| |
|
| |
| |-
| |
| |
| |
| | Efficiency
| |
| | 1
| |
| | Preamble to (EC) Merger Control Regulation 139/2004 on page 4 (para. 29);
| |
| | |
| |- class="categorydivision"
| |
| | 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
| |
| |
| |
|
| |
| |- class="categorydivision"
| |
| | 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.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>
| |
|
| |
| |-
| |
| |
| |
| | 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 ==
| |
| <references /> | | <references /> |