Slovak Republic (27 February 2001): Difference between revisions

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'''Score = 28'''
'''Score = 20'''


''Governed by:'' 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended (hereinafter referred to as “Competition Act”).<ref>Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356.</ref>
''Governed by:'' 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended (hereinafter referred to as “Competition Act”).  
<ref>Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356. </ref>


{| class="wikitable"
{| class="wikitable"
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|  
|  
| Divestitures
| Divestitures
| 1
| 0
| Article 7 of Council Regulation No 1/2003 allows for structural remedies
|  


|- class="categorydivision"
|- class="categorydivision"
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| Mandatory
| Mandatory
| 3
| 3
| Article 7(1) of CR 139/2004 requires notification<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements.  However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded as requiring mandatory pre-merger notification.</ref>
| Article 10(9) requires notification of mergers.
|-
|-
|  
|  
| Pre-merger
| Pre-merger
| 2
| 0
| Article 7(1) of 139/2004 requires pre-clearance
|  
|-
|-
|  
|  
| Post-merger
| Post-merger
| 0
| 1
|  
| Article 10(9) says that this notification must come within 30 days after an enumerated decisive act.
|- class="categorydivision"
|- class="categorydivision"
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| Dominance
| Dominance
| 1
| 1
| Article 2(1) of CR 139/2004 considers dominance
| Article 12(7) lists creating or strengthening a dominant position as a reason to disallow a merger.
|-
|-
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| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 2(1)(a) of CR 139/2004 considers effect on competition in the market
| Article 12(7) lists imposing significant barriers on competition as the other reason to prohibit a merger.
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 0
| Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress
|  
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
| 0
| Article 2(1)(b) of CR 139/2004 considers the interests of intermediate and ultimate consumers
|  
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 1
| 0
| Article 2(4) of CR 139/2004 allows an efficiency defense
|  
|- class="categorydivision"
|- class="categorydivision"
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| Limits Access
| Limits Access
| 1
| 1
| Article 82(b) prohibits limiting access
| Article 8(2)(b) lists a restriction of production or sale as an abusive act and Article 8(4) prohibits limiting access to essential facilities.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 prohibits abuse of a dominant position
| Article 8(6) prohibits abuse of a dominant position.


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) prohibits price setting
| Article 8(2)(a) lists enforcing disproportionate prices and other conditions as an abusive act.


|-
|-
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| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Articles 81(1)(d), 82(c) prohibit discriminatory conditions
| Article 8(2)(c) lists discriminatory conditions as an abusive act.
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 0
| Article 81 prohibits minimum resale price restrictions<ref>EC Competition Law, at 97.</ref>
|  
|-
|-
|  
|  
| Obstacles to Entry
| Obstacles to Entry
| 1
| 0
| Article 82 prohibits anti-competitive pricing schemes<ref>Id, at 283.</ref>
|  
|-
|-
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| Price Fixing
| Price Fixing
| 1
| 1
| Article 81(1)(a) prohibits price fixing
| Article 4(3)(a) prohibits price fixing.
|-
|-
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| Tying
| Tying
| 1
| 1
| Articles 81(1)(e), 82(d) prohibit tying
| Article 4(3)(e) prohibits tying arrangements.
|-
|-
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| Market Division
| Market Division
| 1
| 1
| Article 81 prohibits customer allocation clauses<ref>Id, at 97.</ref>
| Article 4(3)(c) prohibits market division.
|-
|-
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| Output Restraint
| Output Restraint
| 1
| 1
| Article 81(1)(b) prohibits limiting production
| Article 4(3)(b) prohibits limiting production.
|-
|-
|  
|  
| Market Sharing
| Market Sharing
| 1
| 0
| Article 81(1)(c) prohibits market sharing
|  
|-
|-
|  
|  
| Eliminating Competitors
| Eliminating Competitors
| 1
| 0
| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition
|  
|-
|-
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 1
| Article 81 prohibits bid-rigging
| Article 4(3)(f) prohibits collusive tendering.
|-
|-
|  
|  
| Supply Refusal
| Supply Refusal
| 1
| 0
| Article 81(1)(b) prohibits supply refusal
|  
|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 81(3) allows an efficiency defense
| Article 6(3) gives an exemption to the Article 4 prohibitions for agreements that contribute to the improvement of production or distribution of goods or to the promotion of technical or economic development.
|}
|}

Revision as of 22:12, 12 August 2007

Score = 20

Governed by: 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2(4) says that the Act may apply to activities abroad if they affect the domestic market.
Remedies Fines 1 Article 38 provides guidelines for fining.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 25(2) allows third party to initiate a Commission proceeding through a written petition.
Remedies Available to 3rd Parties 1 Article 42 says that injured consumers can demand remedies in civil courts.
3rd Party Rights in Proceedings 1 Article 27 requires the Authority to allow 3rd parties to participate if they so request.
Merger Notification Voluntary 0
Mandatory 3 Article 10(9) requires notification of mergers.
Pre-merger 0
Post-merger 1 Article 10(9) says that this notification must come within 30 days after an enumerated decisive act.
Merger Assessment Dominance 1 Article 12(7) lists creating or strengthening a dominant position as a reason to disallow a merger.
Restriction of Competition 1 Article 12(7) lists imposing significant barriers on competition as the other reason to prohibit a merger.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 8(2)(b) lists a restriction of production or sale as an abusive act and Article 8(4) prohibits limiting access to essential facilities.
Abusive Acts 1 Article 8(6) prohibits abuse of a dominant position.
Price Setting 1 Article 8(2)(a) lists enforcing disproportionate prices and other conditions as an abusive act.
Discriminatory Pricing 1 Article 8(2)(c) lists discriminatory conditions as an abusive act.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 4(3)(a) prohibits price fixing.
Tying 1 Article 4(3)(e) prohibits tying arrangements.
Market Division 1 Article 4(3)(c) prohibits market division.
Output Restraint 1 Article 4(3)(b) prohibits limiting production.
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 4(3)(f) prohibits collusive tendering.
Supply Refusal 0
Efficiency Defense 1 Article 6(3) gives an exemption to the Article 4 prohibitions for agreements that contribute to the improvement of production or distribution of goods or to the promotion of technical or economic development.

References

  1. ↑ Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356.
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