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 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>
<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>


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.  According to the English translations that are currently available, the 2005 competition law eliminates nearly all antimonopoly measures, while introducing significant state assistance for Georgian business.  This appears to have corresponded with the opening of Geogrian markets to international free trade, with the elimination or reduction of many tariffs and import duties<ref>World Bank, Georgia: Trade Brief http://info.worldbank.org/etools/wti2008/docs/brief70.pdf</ref>.  Georgia plans to avoid any changes to its current competition law, for the time being.<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>.
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>
 
 


{| class="wikitable"
{| class="wikitable"
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| Scope
| Scope
| Extraterritoriality
| Extraterritoriality
|  
| 0
|  
|  


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| Remedies
| Remedies
| Fines
| Fines
|  
| 0
|  
|  


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|  
|  
| Prison Sentences
| Prison Sentences
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| 0
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|  
|  
| Divestitures
| Divestitures
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| 0
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|  


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| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
|  
| 0
|  
|  


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|  
|  
| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
|  
| 0
|  
|  
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|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
|  
| 0
|  
|  


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| Merger Notification
| Merger Notification
| Voluntary
| Voluntary
|  
| 0
|  
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|  
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| Mandatory
| Mandatory
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|  
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| Post-merger
| Post-merger
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
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| 0
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|  
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| Restriction of Competition
| Restriction of Competition
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| Public Interest (Pro D)
| Public Interest (Pro D)
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| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
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| Other
| Other
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|  
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| Efficiency
| Efficiency
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| Dominance
| Dominance
| Limits Access
| Limits Access
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|  
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| Abusive Acts
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|  
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| Price Setting
| Price Setting
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| Discriminatory Pricing
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|  
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| Resale Price Maintenance
| Resale Price Maintenance
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|  
|  
| Obstacles to Entry
| Obstacles to Entry
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| 0
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|  
|  
| Efficiency Defense
| Efficiency Defense
|  
| 0
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
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| Output Restraint
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| Market Sharing
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| Eliminating Competitors
| Eliminating Competitors
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
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| Supply Refusal
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| Efficiency Defense
| Efficiency Defense
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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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