Estonia (June 28, 2004): Difference between revisions

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'''Score = 27'''
'''Score = 22'''


''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”).   
''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”).   
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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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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| §63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.<ref>This provision is dealt with in §65 of the 2001 Act – the provision is different but the score does not change as both give 3rd parties some method of initiating proceedings.</ref>
| §63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.


|-
|-
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|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 0
| Article 27(3) of Council Regulation No 1/2003 affords evidentiary rights to 3rd parties
| §67 of the 2001 Act gave interested 3rd parties rights in proceedings however these were repealed in a 2002 amendment (RT I 2002, 82, 480).


|- 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>
| §25 requires notification of concentrations.
|-
|-
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| Pre-merger
| Pre-merger
| 2
| 2
| Article 7(1) of 139/2004 requires pre-clearance
| §25 requires that the notification come within one week of one of the enumerated decisive acts.
|-
|-
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| Dominance
| Dominance
| 1
| 1
| Article 2(1) of CR 139/2004 considers dominance
| §22(2) says that the Competition Board may prohibits a merger if it would strengthen the dominant position.
|-
|-
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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
| §22(1) lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
|-
|-
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| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 1
| Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress
| §22(1)(4) lists the interests of buyers, sellers, and consumers as a factor to consider.
|-
|-
|  
|  
| 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
| §16(2) lists limiting production and markets as an example of an abusive act.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 prohibits abuse of a dominant position
| §16 prohibits abuse by dominant undertakings.


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) prohibits price setting
| §16(1) lists price setting as an example of an abusive act.


|-
|-
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| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Articles 81(1)(d), 82(c) prohibit discriminatory conditions
| §16(3) lists applying dissimilar conditions to equivalent agreements 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
| §4(1)(1) prohibits price fixing.
|-
|-
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| Tying
| Tying
| 1
| 1
| Articles 81(1)(e), 82(d) prohibit tying
| §4(1)(6) prohibits tying arrangements.
|-
|-
|  
|  
| Market Division
| Market Division
| 1
| 0
| Article 81 prohibits customer allocation clauses.<ref>Id. at 97.</ref>
|  
|-
|-
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| Output Restraint
| Output Restraint
| 1
| 1
| Article 81(1)(b) prohibits limiting production
| §4(1)(2) prohibits limiting production and service.
|-
|-
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| Market Sharing
| Market Sharing
| 1
| 1
| Article 81(1)(c) prohibits market sharing
| §4(1)(3) prohibits market sharing.
|-
|-
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| Eliminating Competitors
| Eliminating Competitors
| 1
| 1
| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition
| §4(1)(3) prohibits attempts to exclude another person from the market.
|-
|-
|  
|  
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 0
| Article 81 prohibits bid-rigging
|  
|-
|-
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| Supply Refusal
| Supply Refusal
| 1
| 1
| Article 81(1)(b) prohibits supply refusal
| §16(6) prohibits the unjustified refusal to sell or buy goods.
|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 81(3) allows an efficiency defense
| §6(2) grants an exception to the §4 prohibitions for companies that contribute to technological and economic progress.
|}
|}

Revision as of 04:34, 8 October 2007

Score = 22

Governed by: Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 §1(2) says that the act applies to activity outside of Estonia that restricts competition in Estonia.
Remedies Fines 1 §62(3) allows the Competition Board to impose fines for un-remedied violations of the Competition Act.
Prison Sentences 1 §79 of the amended 2004 Act allows prison sentences for criminal violations.
Divestitures 0
Private Enforcement 3rd Party Initiation 1 §63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.
Remedies Available to 3rd Parties 1 §78 says that compensation for damages caused by violations of the Act could be dealt with through civil procedure.
3rd Party Rights in Proceedings 0 §67 of the 2001 Act gave interested 3rd parties rights in proceedings however these were repealed in a 2002 amendment (RT I 2002, 82, 480).
Merger Notification Voluntary 0
Mandatory 3 §25 requires notification of concentrations.
Pre-merger 2 §25 requires that the notification come within one week of one of the enumerated decisive acts.
Post-merger 0
Merger Assessment Dominance 1 §22(2) says that the Competition Board may prohibits a merger if it would strengthen the dominant position.
Restriction of Competition 1 §22(1) lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
Public Interest (Pro D) 1 §22(1)(4) lists the interests of buyers, sellers, and consumers as a factor to consider.
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 §16(2) lists limiting production and markets as an example of an abusive act.
Abusive Acts 1 §16 prohibits abuse by dominant undertakings.
Price Setting 1 §16(1) lists price setting as an example of an abusive act.
Discriminatory Pricing 1 §16(3) lists applying dissimilar conditions to equivalent agreements as an abusive act.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 §4(1)(1) prohibits price fixing.
Tying 1 §4(1)(6) prohibits tying arrangements.
Market Division 0
Output Restraint 1 §4(1)(2) prohibits limiting production and service.
Market Sharing 1 §4(1)(3) prohibits market sharing.
Eliminating Competitors 1 §4(1)(3) prohibits attempts to exclude another person from the market.
Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 §16(6) prohibits the unjustified refusal to sell or buy goods.
Efficiency Defense 1 §6(2) grants an exception to the §4 prohibitions for companies that contribute to technological and economic progress.

References

  1. ↑ Estonian Competition Board website, http://www.konkurentsiamet.ee/?id=10643
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