Georiga (2005): Difference between revisions

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''Governed by:'' The Law of Georgia on Free Trade and Competition of 2005.
''Governed by:'' The Law of Georgia on Free Trade and Competition of 2005.
<ref>This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a GEPLAC Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf.  GEPLAC is the Georgian-European Policy and Legal Advice Center, which is a Georgian organization working for reform of the current competition law.</ref><ref>This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," ''Georgian Law Review'', vol. 9 #1/2 2006, pp. 5-41.  This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.</ref>
<ref>This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf, by the Georgian-European Policy and Legal Advice Center (GEPLAC).</ref><ref>This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," ''Georgian Law Review'', vol. 9 #1/2 2006, pp. 5-41.  This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.</ref>
 
According to the English translations that are currently available, the 2005 competition law eliminates nearly all antimonopoly measures, while introducing new rules for state assistance to Georgian businesses.<ref>http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf</ref>  State assistance may not have anti-competitive effects, but no competition enforcement mechanism appears to have been included.<ref>http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf</ref>
 
Article 30, Section 2 of the Georgian Constitution forbids monopolistic activity, except where permitted by law.<ref>Georgia Constitution http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf</ref>.  There appears to be no law to enforce this prohibition at this time, however.<ref>http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf</ref>
 
Georgia's official information indicates that the translation upon which this analysis relies is accurate.<ref>http://www.parliament.ge/files/1107_17631_906331_TI-SectorEconomyandEconomicPolicyCommittee.pdf</ref>
 
For now, Georgia plans to avoid any new changes to its competition law, in order to reduce regulatory obstacles to business in its open economy.<ref>Georgia -- Letter of Intent, Memorandum of Economic and Financial Policies, and Technical Memorandum of Understanding, September 09, 2008.  http://www.imf.org/external/np/loi/2008/geo/090908.pdf</ref>
 


This page is under construction and will be updated shortly to reflect the 2005 law, which revoked the previous competition law of 1996 in its entirety.


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Latest revision as of 19:51, 4 October 2008

Score = 0

Governed by: The Law of Georgia on Free Trade and Competition of 2005. [1][2]

According to the English translations that are currently available, the 2005 competition law eliminates nearly all antimonopoly measures, while introducing new rules for state assistance to Georgian businesses.[3] State assistance may not have anti-competitive effects, but no competition enforcement mechanism appears to have been included.[4]

Article 30, Section 2 of the Georgian Constitution forbids monopolistic activity, except where permitted by law.[5]. There appears to be no law to enforce this prohibition at this time, however.[6]

Georgia's official information indicates that the translation upon which this analysis relies is accurate.[7]

For now, Georgia plans to avoid any new changes to its competition law, in order to reduce regulatory obstacles to business in its open economy.[8]


Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 0
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 0
Abusive Acts 0
Price Setting 0
Discriminatory Pricing 0
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 0
Tying 0
Market Division 0
Output Restraint 0
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 0

References

  1. ↑ This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf, by the Georgian-European Policy and Legal Advice Center (GEPLAC).
  2. ↑ This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," Georgian Law Review, vol. 9 #1/2 2006, pp. 5-41. This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.
  3. ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
  4. ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
  5. ↑ Georgia Constitution http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf
  6. ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
  7. ↑ http://www.parliament.ge/files/1107_17631_906331_TI-SectorEconomyandEconomicPolicyCommittee.pdf
  8. ↑ Georgia -- Letter of Intent, Memorandum of Economic and Financial Policies, and Technical Memorandum of Understanding, September 09, 2008. http://www.imf.org/external/np/loi/2008/geo/090908.pdf
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