Cyprus (2008): Difference between revisions
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Control of Concentrations of Enterprises Law number 22(I) of 1999.<ref>This law is available online at http://www.competition.gov.cy/competition/competition.nsf/All/38B42C6DAA898323C22571A800314847/$file/concentration.pdf?OpenElement.</ref> | Control of Concentrations of Enterprises Law number 22(I) of 1999.<ref>This law is available online at http://www.competition.gov.cy/competition/competition.nsf/All/38B42C6DAA898323C22571A800314847/$file/concentration.pdf?OpenElement.</ref> | ||
Note: The northern part of Cyprus declared independence from the rest of Cyprus over 30 years ago and calls itself the Turkish Republic of Northern Cyprus. The Turkish Republic operates its own government, complete with a judicial system, defence, laws, and so forth, but is only recognized as an independent country by Turkey. While the Republic of Cyprus and the rest of the world consider the entire island to be under the control of the Republic of Cyprus, in practice, its laws are not practiced in northern Cyprus at this time. | |||
'''Score = __''' | '''Score = __''' | ||
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| Public Interest (Pro D) | | Public Interest (Pro D) | ||
| 1 | | 1 | ||
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|- | |- | ||
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| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
| | | 1 | ||
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| Other | | Other | ||
| 0 | | 0 | ||
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| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | Section 4(1) of Law 13(I)/2008 permits anti-competitive conduct that benefits consumers, as long as it will not reduce competition any more than is necessary, and will not eliminate competition from a substantial part of that market. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
Revision as of 18:58, 22 July 2008
Governed by:
Protection of Competition Law 2008 (replaced Protection of Competition of Law 207/89)[1]
Control of Concentrations of Enterprises Law number 22(I) of 1999.[2]
Note: The northern part of Cyprus declared independence from the rest of Cyprus over 30 years ago and calls itself the Turkish Republic of Northern Cyprus. The Turkish Republic operates its own government, complete with a judicial system, defence, laws, and so forth, but is only recognized as an independent country by Turkey. While the Republic of Cyprus and the rest of the world consider the entire island to be under the control of the Republic of Cyprus, in practice, its laws are not practiced in northern Cyprus at this time.
Score = __
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | According to Law 22(I) of 1999, Section 3(2)(a)(ii), the competition law of Cyprus is limited to concentrations where at least one of the undertakings engages in commercial activity within Cyprus. |
| Remedies | Fines | 1 | Law 22(I) of 1999, Section 52, provides for fines. |
| Prison Sentences | 0 | ||
| Divestitures | 0 or 1 | ||
| Private Enforcement | 3rd Party Initiation | 0 or 1 | |
| Remedies Available to 3rd Parties | 0 or 1 | ||
| 3rd Party Rights in Proceedings | 0 or 1 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Law 22(I), section 9, requires mandatory notification and approval prior to a merger. | |
| Pre-merger | 2 | Law 22(I), section 9, requires mandatory notification and approval prior to a merger. | |
| Post-merger | 1 | Law 22(I), section 14, allows for post-merger notification. | |
| Merger Assessment | Dominance | 1 | Law 22(I), sections 10-11, require dominance to be considered when assessing a merger. |
| Restriction of Competition | 1 | Section 3(1) of Law 13(I)/2008 prohibits all agreements between undertakings, decisions by association of undertakings and concerted practices that have as an object or effect the prevention, restriction or distortion of competition within the Republic. | |
| Public Interest (Pro D) | 1 | ||
| Public Interest (Pro Authority) | 1 | ||
| Other | 0 | ||
| Efficiency | 0 or 1 | ||
| Dominance | Limits Access | 0 or 1 | |
| Abusive Acts | 0 or 1 | ||
| Price Setting | 0 or 1 |
| |
| Discriminatory Pricing | 0 or 1 | ||
| Resale Price Maintenance | 0 or 1 | ||
| Obstacles to Entry | 0 or 1 | ||
| Efficiency Defense | 1 | Section 4(1) of Law 13(I)/2008 permits anti-competitive conduct that benefits consumers, as long as it will not reduce competition any more than is necessary, and will not eliminate competition from a substantial part of that market. | |
| Restrictive Trade Practices | Price Fixing | 1 | Section 3(1) of the Protection of Competition Law 13(I)/2008 prohibits directly or indirectly fix purchase or selling prices or any other trading conditions. |
| Tying | 0 or 1 | ||
| Market Division | 0 or 1 | ||
| Output Restraint | 0 or 1 |
| |
| Market Sharing | 0 or 1 | ||
| Eliminating Competitors | 0 or 1 | ||
| Collusive Tendering/Bid-Rigging | 0 or 1 | ||
| Supply Refusal | 0 or 1 | ||
| Efficiency Defense | 0 or 1 |
References
- ↑ The 2008 law was not available online when this page was updated, but the site for the Commission for the Protection of Competition of the Republic of Cyprus explains what the new law covers. This information can be viewed in English at http://www.competition.gov.cy/competition/competition.nsf/aboutcpc_en/aboutcpc_en?OpenDocument
- ↑ This law is available online at http://www.competition.gov.cy/competition/competition.nsf/All/38B42C6DAA898323C22571A800314847/$file/concentration.pdf?OpenElement.