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Egypt 2005 - Defenses
 
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== Israel 1988 Remedies Available to 3rd Parties ==
== Algeria 2003 Obstacles to Entry ==


''Looks like this article implies 3rd parties may recover monetary damages:''
''Below is Algeria's definition of dominance (using Google Translator).  Does this sound like obstacles to entry language?  Perhaps we should have a translator look at it.''


Article 46I(a) - "In the case that a ruling of pecuniary compensation is handed down by a Court in a Class Action, such Court may (1) Instruct whether such compensation is to be paid immediately or within a period determined by the Court"
Article 3(c) - Dominant Position: the position allowing a company to hold, on the market in question, a position of economic power which '''gives him the capacity to make obstacle with the maintenance of an effective competition''', by providing him the possibility of independent behaviors in an appreciable measurement with respect to its competitors, of its customers or its suppliers;


--[[User:AchalOza|AchalOza]] 15:39, 1 July 2007 (EDT)
--[[User:AchalOza|AchalOza]] 08:01, 11 September 2007 (EDT)


== South Korea 2004 Divestures ==
== Algeria 2000 Tying ==


''This sounds like divesture language:''
''One of the criteria for establishing a dominant position includes being able to create advantageous contractual bonds.  Would this just be another abusive act prohibition, or tying under RTP?  Or should this be nothing since it's just establishing what is a dominant position and doesn't say it's an abusive act?  The text below was translated with Google.''


Art. 21 - "Where an enterpriser commits any activity violating the provisions of Article 19, Paragraph 1, the Fair Trade '''Commission may order enterpriser to discontinue the act, publicly announce the fact of receiving corrective order, or take other corrective measures'''."
Article 2 - The criteria of determination of the dominant position of an economic agent on a market or a market segment of goods or services are in particular: financial, contractual bonds or in fact which bind the economic agent to one or more economic agents and which get advantages of any nature to him;


Note: they have a similar "corrective measures" provision for most of the prohibitions they list.
--[[User:AchalOza|AchalOza]] 08:08, 11 September 2007 (EDT)


--[[User:AchalOza|AchalOza]] 07:40, 3 July 2007 (EDT)
== Egypt 2005 - Collusive Tendering ==


== Ireland 2002 Pre or Post Merger Notification ==
Article 6(c) - "Coordinating with regard to proceeding or refraining from participating in tenders, auctions, negotiations and other calls for procurement."


''Does this sound like a pre or post merger notification?  It requires notice only of the proposal, so I think it's pre.''
--[[User:AchalOza|AchalOza]] 00:49, 8 October 2007 (EDT)


Art. 18 - "each of the undertakings involved in the merger or acquisition '''shall notify the Authority in writing of the proposal to put the merger or acquisition into effect''', and provide full details thereof, within 1 month after the conclusion of the agreement or the making of the public bid."
== Egypt 2005 - Defenses ==


Moreover, Art. 22(3) states that "[o]n completion of a full investigation in relation to the merger
'''Article 9'''
or acquisition concerned, the Authority shall make whichever of the following determinations it considers appropriate, namely that the merger or acquisition— (a) may be put into effect; (b) may not be put into effect; or (c) may be put into effect subject to conditions specified by it
being complied with."


I think from this, pre-merger notification can be inferred.
The provisions of this Law shall not apply to public utilities managed by the State.


--[[User:AchalOza|AchalOza]] 12:27, 2 July 2007 (EDT)
The Authority may, upon the request of the concerned parties, exempt some or all the acts provided for in articles 6 [on Restrictive Trade Practices], 7 [on Restrictive Trade Practices] and 8 [on Dominance] regarding public utilities that are managed by companies subject to the Private Law where this is in the public interest or for attaining benefits to the consumers that exceed the effects of restricting the freedom of competition. This shall be done in accordance with the regulations and procedures set out by the Executive Regulation of this Law.


== Latvia 2004 Divestitures ==
--[[User:AchalOza|AchalOza]] 00:58, 8 October 2007 (EDT)
 
''Sounds like divestiture language, allows the council to modify a merger agreement.''
 
16(3) - "The Competition Council may permit such merger, at the same time '''determining provisions, which prevents negative consequences of the merger''' and which are binding upon the respective market participants."
 
--[[User:AchalOza|AchalOza]] 13:52, 2 July 2007 (EDT)
 
== Lao PDR 2004 Divestitures ==
 
''This looks like divestiture language to me:
''
 
Article 14 - Measures against business entities who commit offences
 
A business entity that commits offences under this Decree shall be dealt with as follows;
 
- Notice to change and rectify its behavior;
 
- Temporary suspension of activity until the behavior is rectified and changed;
 
- Close down indefinitely the activity and may be punished according to the law;
 
- Compensate a business entity that has incurred losses as a result of the offences.
 
--[[User:AchalOza|AchalOza]] 14:33, 3 July 2007 (EDT)

Latest revision as of 04:58, 8 October 2007

Algeria 2003 Obstacles to Entry

Below is Algeria's definition of dominance (using Google Translator). Does this sound like obstacles to entry language? Perhaps we should have a translator look at it.

Article 3(c) - Dominant Position: the position allowing a company to hold, on the market in question, a position of economic power which gives him the capacity to make obstacle with the maintenance of an effective competition, by providing him the possibility of independent behaviors in an appreciable measurement with respect to its competitors, of its customers or its suppliers;

--AchalOza 08:01, 11 September 2007 (EDT)

Algeria 2000 Tying

One of the criteria for establishing a dominant position includes being able to create advantageous contractual bonds. Would this just be another abusive act prohibition, or tying under RTP? Or should this be nothing since it's just establishing what is a dominant position and doesn't say it's an abusive act? The text below was translated with Google.

Article 2 - The criteria of determination of the dominant position of an economic agent on a market or a market segment of goods or services are in particular: financial, contractual bonds or in fact which bind the economic agent to one or more economic agents and which get advantages of any nature to him;

--AchalOza 08:08, 11 September 2007 (EDT)

Egypt 2005 - Collusive Tendering

Article 6(c) - "Coordinating with regard to proceeding or refraining from participating in tenders, auctions, negotiations and other calls for procurement."

--AchalOza 00:49, 8 October 2007 (EDT)

Egypt 2005 - Defenses

Article 9

The provisions of this Law shall not apply to public utilities managed by the State.

The Authority may, upon the request of the concerned parties, exempt some or all the acts provided for in articles 6 [on Restrictive Trade Practices], 7 [on Restrictive Trade Practices] and 8 [on Dominance] regarding public utilities that are managed by companies subject to the Private Law where this is in the public interest or for attaining benefits to the consumers that exceed the effects of restricting the freedom of competition. This shall be done in accordance with the regulations and procedures set out by the Executive Regulation of this Law.

--AchalOza 00:58, 8 October 2007 (EDT)

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