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| == Denmark 2000 - Remedies, Divesiture == | | == Saudia Arabia 2004 - Tying or discriminatory pricing == |
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| ''Does § 12(g) count as a divestiture?'' | | ''What do we think about this one?'' |
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| 12(g)(1) - Where a merger has already been implemented, the Competition Council may ... require the undertakings or assets brought together to be separated or the cessation of joint control or any other action that may be appropriate in order to restore conditions of effective competition.
| | imposing certain conditions on selling and purchasing transactions or on dealing with another firm, in a manner that puts it in a weak competitive position compared to other competing firms. |
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| --[[User:JWSchneider|JWSchneider]] 14:35, 25 June 2007 (EDT) | | --[[User:JWSchneider|JWSchneider]] 15:18, 31 July 2007 (EDT) |
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| == Finland 1998 - RTP Efficiency ==
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| ''Does 6(1)(2) has efficiency/public policy defense built-in?''
| | == Saudi Arabia 2004 - Eliminating Competitors == |
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| 6(1)(2) - [A firm cannot do the following by agreement with other firms] ... limit production or divide the market or sources of supply unless this is essential for an arrangement which will boost production or distribution or promote technical or economic development and as a result of which the benefit will primarily accrue to customers or consumers.
| | ''Count it?'' |
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| --[[User:JWSchneider|JWSchneider]] 14:35, 25 June 2007 (EDT)
| | Article 4(4) - Preventing any firm from exercising its right to enter or move out of the market at any time or hampering the same. |
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| == Finland 1998 - Remedies (Divestiture) ==
| | --[[User:JWSchneider|JWSchneider]] 15:30, 31 July 2007 (EDT) |
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| ''Can the Competition Authority divest as a remedy?''
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| From commentary on Finnish competition law (pp. 379-80 of ''Competition Law in the EU''): [Competition authority] can order a concentration to be canceled or impose conditions thereon, if the concentration has been implemented against the provisions of the Competition Act. ...
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| --[[User:JWSchneider|JWSchneider]] 14:42, 25 June 2007 (EDT)
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| == Barbados 2002 - 3rd Party Initiation ==
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| ''Does 36(1) really imply that 3rd parties can bring suits? It deals with appeals, not the original action.''
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| 36(1) - Where pursuant to section 30 of the ''Fair Trading Commission Act'' a notice has been served on a business enterprise, any person who is aggrieved by a finding of the Commission may, within 15 days after the date of receipt of the notice, appeal to a Judge in Chambers.
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| --[[User:JWSchneider|JWSchneider]] 14:59, 25 June 2007 (EDT)
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| == France 1999 - Merger assessment – Public interest (Pro D) ==
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| ''Does this count as a public interest defense? This is the '''national champion''' stuff Hylton talked about.''
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| Art. 41 - The Competition Council determines whether the proposed concentration or concentration makes a sufficient contribution to economic progress to compensate for the harm to competition. The Council takes into account the competitiveness of the enterprises in question with regard to international competition.
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| --[[User:JWSchneider|JWSchneider]] 15:30, 25 June 2007 (EDT) | |
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| == France 1999 - Merger assessment ==
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| ''I believe voluntary notification and post-merger notification should both be marked. See Art. 40''
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| Art. 40 - Any proposed concentration or concentration that is '''not more than three months old can be notified to the Minister of the Economy''' by a concerned enterprise. The notification may contain commitments. Silence for two months constitutes tacit approval of the proposed concentration or concentration and of the annexed commitments. ...
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| --[[User:JWSchneider|JWSchneider]] 15:33, 25 June 2007 (EDT)
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Saudia Arabia 2004 - Tying or discriminatory pricing
What do we think about this one?
imposing certain conditions on selling and purchasing transactions or on dealing with another firm, in a manner that puts it in a weak competitive position compared to other competing firms.
--JWSchneider 15:18, 31 July 2007 (EDT)
Saudi Arabia 2004 - Eliminating Competitors
Count it?
Article 4(4) - Preventing any firm from exercising its right to enter or move out of the market at any time or hampering the same.
--JWSchneider 15:30, 31 July 2007 (EDT)