User talk:AchalOza: Difference between revisions

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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)


== Algeria 2000 Tying ==


Tough to tell who is getting the $$ w/out the context. How do you know this covers 3rd parties?   
''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.''
--[[User:Kajrozga|Kajrozga]] 18:58, 8 July 2007 (EDT)


== South Korea 2004 Divestures ==
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;


''This sounds like divesture language:''
--[[User:AchalOza|AchalOza]] 08:08, 11 September 2007 (EDT)


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'''."
== Egypt 2005 - Collusive Tendering ==


Note: they have a similar "corrective measures" provision for most of the prohibitions they list.
Article 6(c) - "Coordinating with regard to proceeding or refraining from participating in tenders, auctions, negotiations and other calls for procurement."


--[[User:AchalOza|AchalOza]] 07:40, 3 July 2007 (EDT)
--[[User:AchalOza|AchalOza]] 00:49, 8 October 2007 (EDT)


I like the public shaming provision.  Not sure if this is divestiture, though.  Sounds more like an injunction to not do the act. Ask hylton.
== Egypt 2005 - Defenses ==
--[[User:Kajrozga|Kajrozga]] 18:59, 8 July 2007 (EDT)


== Lao PDR 2004 Divestitures ==
'''Article 9'''


''This looks like divestiture language to me:
The provisions of this Law shall not apply to public utilities managed by the State.
''


Article 14 - Measures against business entities who commit offences
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.


A business entity that commits offences under this Decree shall be dealt with as follows;
--[[User:AchalOza|AchalOza]] 00:58, 8 October 2007 (EDT)
 
- 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)
 
I don't see any mention of "the selling of assets or division of the company." Just sounds like injunctions and fines.
 
--[[User:Kajrozga|Kajrozga]] 19:01, 8 July 2007 (EDT)
 
Hytlon: agency may close down the business, so that counts as divestiture.
 
--[[User:AchalOza|AchalOza]] 10:39, 9 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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