Talk:Index Definitions

Fines

Should we add language to limit the fines for only the prohibited acts themselves?

Prison Sentences

Add language to limit the prison sentence to not include general perjury type stuff.

Divestiture

Include text for mergers.

Working version: "The law allows the selling of assets or division of the company in response to certain violations. Or the law allows divestiture specifically in the merger context. In that case, the law must allow a merger to be conditioned on certain acts and must allow the agency to force those acts to occur if the firm does not."

3rd Party Initiation =

Comments: A complaint to the competition agency isn't enough, it must commence proceedings. In other words, the law must allow for more than merely a "tip line" to the agency. The complaint must "compel" an investigation.

Remedies to 3rd parties

Can include money or an injunction. Also includes situations where the statute says a 3rd party may seek compensation from a party in violation of the statute.

3rd party rights

We're including appeals.

Voluntary

If voluntary, then default of post-merger

Post-merger

Remove "and then often has the power to invalidate the completed merger"

Merger assessment - dominance

Assessing only dominance or dominance with abusive acts? In other words, if two firms merge to have 90% market share, in the absence of any abuse, will that be banned under "dominance."

Merger assessment - restriction of competition

Umbrella term, includes barrier to entry.

Public Interest (Pro D)

New working definition - "The Commission or Council considers whether an otherwise impermissible merger may be allowed because it is in the public interest. Public interest is linked to social welfare, and not to market efficiency. For example, this would include international competitiveness, national champions, employment markets, and promoting minority ownership."

What about lower consumer prices?

Public Interest (Pro Auth.)

More examples of where this would be used.

Other

So far, this definition only includes business failure defenses.

Efficiency Defense

Should we include technological developments to this definition?

Limits Access

Looking for quota language or output limits.

A single dominant firm may not limit the supply of goods to the market or in other ways restrict access to the market by consumers or competitors.

Remove the "or competitors."

Abusive Acts

Wouldn't this always be coded as a one if there's anything there?

Output Restraint

E.g. output quotas

Supply Refusal

Boycott

Extraterritoriality

Hylton: Language has to be CLEAR that activities outside the nation that affect the nation's economy are covered.