Estonia/EU, 2006: Difference between revisions

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New page: '''Score = 28''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...
 
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'''Score = 28'''
'''Score = 27'''


''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition  Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition  Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
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| Extraterritoriality
| Extraterritoriality
| 1
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>
| §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia. EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.
| Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.


|-
|-
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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.
| Section 63 of the Estonian Competition Act (2004 amendment) lists the procedure for filing an application with the national Competition Board.


|-
|-
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| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 1
| 1
| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.
| Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure; Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. <ref>Green Paper:  http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>
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| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 1
| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.  
| Section 67 of the 2001 Estonian Competition Act gave interested 3rd parties rights in proceedings;  however, these were repealed in a 2002 amendment (RT I 2002, 82, 480).


|- class="categorydivision"
|- class="categorydivision"
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| Mandatory
| Mandatory
| 3
| 3
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements.  However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>
| Section 25 of the Estonian Competition Act requires notification of concentrations.
|-
|-
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| Pre-merger
| Pre-merger
| 2
| 2
| Article 7(1) of 139/2004 requires pre-clearance.
| Section 25 of the Estonian Competition Act requires that the notification come within one week of one of the enumerated decisive acts.
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|-
|  
|  
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| Dominance
| Dominance
| 1
| 1
| Article 2(1) of CR 139/2004 considers dominance.
| Section 22(2) says that the national Competition Board may prohibits a merger if it would strengthen a dominant position.
|-
|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
| Section 22(1) of the Estonian Competition Act lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 0
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.
|  
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
| 0
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
|  
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 1
| 0
| Article 2(1) of CR 139/2004 allows an efficiency defense.
|  
|- class="categorydivision"
|- class="categorydivision"

Latest revision as of 22:07, 18 August 2008

Score = 27

Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia. EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.
Prison Sentences 1 §79 of Estonia’s amended 2004 Competition Act allows prison sentences for criminal violations.
Divestitures 1 Article 7 of CR 1/2003 allows for structural remedies.
Private Enforcement 3rd Party Initiation 1 Section 63 of the Estonian Competition Act (2004 amendment) lists the procedure for filing an application with the national Competition Board.
Remedies Available to 3rd Parties 1 Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure; Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. [2]
3rd Party Rights in Proceedings 1 Section 67 of the 2001 Estonian Competition Act gave interested 3rd parties rights in proceedings; however, these were repealed in a 2002 amendment (RT I 2002, 82, 480).
Merger Notification Voluntary 0
Mandatory 3 Section 25 of the Estonian Competition Act requires notification of concentrations.
Pre-merger 2 Section 25 of the Estonian Competition Act requires that the notification come within one week of one of the enumerated decisive acts.
Post-merger 0
Merger Assessment Dominance 1 Section 22(2) says that the national Competition Board may prohibits a merger if it would strengthen a dominant position.
Restriction of Competition 1 Section 22(1) of the Estonian Competition Act lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
Abusive Acts 1 Article 82 of the EU Treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EU Treaty prohibits price setting.


Discriminatory Pricing 1 Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
Resale Price Maintenance 1 Article 81 of the EU Treaty prohibits minimum resale price restrictions.[3]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[4]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Articles 81(1)(a) of the EU Treaty prohibits price fixing.
Tying 1 Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
Market Division 1 Article 81 of the EU Treaty prohibits customer allocation clauses.[5]
Output Restraint 1 Article 81(1)(b) of the EU Treaty prohibits limiting production.


Market Sharing 1 Article 81(1)(c) of the EU Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the EU Treaty prohibits bid-rigging.
Supply Refusal 1 Article 81(1)(b) of the EU Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the EU Treaty allows an efficiency defense.

References

  1. ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. ↑ Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF
  3. ↑ EC Competition Law, at 97.
  4. ↑ Id, at 283.
  5. ↑ Id, at 97.
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