Bosnia-Herzegovina 2001: Difference between revisions
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| Merger Notification | | Merger Notification | ||
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| | | The Act allows firms to notify their concentrations to the Competition Authority for approval. | ||
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Revision as of 05:13, 23 February 2008
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Governed by: Act on Competition of October 23 2001 (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Art. 2 extends scope to foreign undertakings |
| Remedies | Fines | 1 | Article 21 and 26 allows for imposing fines. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 1 | The Act allows firms to notify their concentrations to the Competition Authority for approval. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 6 prohibits "all forms of concentration of economic subjects that create a dominant position which might
result in the prevention, restricting on or distortion of competition" |
| Restriction of Competition | 1 | Article 6 prohibits "all forms of concentration of economic subjects that create a dominant position which might
result in the prevention, restricting on or distortion of competition" | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 7 allows otherwise impermissible concentrations that improve "production or distribution of goods and services or
to the promotion of technical or economic progress" | |
| Dominance | Limits Access | 1 | Article 5(b) prohibits "limitation of production" by dominant firms. |
| Abusive Acts | 1 | Article 5 prohibits abusive acts. | |
| Price Setting | 1 | Article 5(a) prohibits price fixing. | |
| Discriminatory Pricing | 1 | Article 5(c) prohibits placing "equivalent transactions with other trading partners, thereby placing them at a competitive
disadvantage" | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 4(a) prohibits agreements for fixing prices. |
| Tying | 1 | Article 4(e) prohibits tying arrangements. | |
| Market Division | 1 | Article 4(c) prohibits agreements that divide markets. | |
| Output Restraint | 1 | Article 4(b) prohibits agreements that "limit or control . . . production" | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 4(d) prohibits agreements "placing [competitors] on a competitive disadvantage by limiting their access to the market or excluding them from the market" | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 7 allows otherwise impermissible agreements that improve "production or distribution of goods and services or
to the promotion of technical or economic progress" |