United Kingdom/EU, 2003: Difference between revisions
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''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref> | ''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003 [hereafter "CR 1/2003"], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
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| Fines | | Fines | ||
| 1 | | 1 | ||
| Articles 13 and 19 allow for fines for serious violations of the Competition Act. | | Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. | ||
|- | |- | ||
Revision as of 18:21, 7 August 2008
Score = 28
Governed by: Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003 [hereafter "CR 1/2003"], as well as national legislation.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Scope extends to foreign corporations.[2] |
| Remedies | Fines | 1 | Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. |
| Prison Sentences | 1 | Under the UK's Enterprise Act, individuals can receive prison sentences for cartel abuses, such as collusive price fixing.[3] | |
| Divestitures | 1 | Article 7 of Council Regulation No. 1/2003 allows for structural remedies. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 12 says that any interested party can bring a violation to the attention of the Authority. |
| Remedies Available to 3rd Parties | 1 | Article 33 allows 3rd parties to file a civil suit for damages. | |
| 3rd Party Rights in Proceedings | 1 | Article 27(3) of Council Regulation No. 1/2003 affords evidentiary rights to 3rd parties. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 7(1) of CR 139/2004 requires notification.[4] | |
| Pre-merger | 2 | Article 7(1) of 139/2004 requires pre-clearance. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 2(1) of CR 139/2004 considers dominance. |
| Restriction of Competition | 1 | Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers. | |
| Public Interest (Pro D) | 1 | Article 2(1) of CR 139/2004 considers the development of technical and economic progress. | |
| Public Interest (Pro Authority) | 1 | Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers. | |
| Other | 0 | ||
| Efficiency | 1 | Article 2(1) of CR 139/2004 allows an efficiency defense. | |
| Dominance | Limits Access | 1 | Article 82(b) prohibits abuse of a dominant position. |
| Abusive Acts | 1 | Article 82 prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 82(a) prohibits price setting.
| |
| Discriminatory Pricing | 1 | Articles 81(1)(d), 82(c) prohibit discrimatory conditions. | |
| Resale Price Maintenance | 1 | Article 81 prohibits minimum resale price restrictions.[5] | |
| Obstacles to Entry | 1 | Article 82 prohibits anti-competitive pricing schemes.[6] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Articles 81(1)(a) prohibits price fixing. |
| Tying | 1 | Articles 81(1)(e), 82(d) prohibit tying. | |
| Market Division | 1 | Article 81 prohibits customer allocation clauses.[7] | |
| Output Restraint | 1 | Article 81(1)(b) prohibits limiting production.
| |
| Market Sharing | 1 | Article 81(1)(c) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 prohibits bid-rigging. | |
| Supply Refusal | 1 | Article 81(1)(b) prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) allows an efficiency defense. |
References
- ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- ↑ Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.
- ↑ http://www.hfw.com/l3/new/newl3c040.html
- ↑ 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 here as requiring mandatory pre-merger notification.
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.