Austria/EU, 2006: Difference between revisions
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'''Score = | '''Score = 24''' | ||
''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], 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 [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], 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> | ||
Revision as of 20:38, 16 August 2008
Score = 24
Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], 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. Austrian Competition Law allows prohibited undertakings to be subject to fines.[3] |
| Prison Sentences | 1 | Collusive tendering constitutes a criminal offence under section 168b of Austria's Criminal Code and is punishable by imprisonment of up to three years. | |
| Divestitures | 1 | Article 7 of CR 1/2003 allows for structural remedies. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §9(1) of the Austrian Competition Act requires merger notification in certain instances. | |
| Pre-merger | 2 | Secondary source states that mergers must not be implemented before clearance.[4] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Cartel Court will assess whether the proposed concentration will create or strengthen a dominant position in the relevant market. |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 1 | Clearance on special grounds will be granted if it can be established that the concentration is indispensable to the international competitiveness of the undertakings concerned and justifiable on macroeconomic grounds. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Clearance on special grounds will be granted if it can be established that the concentration will improve competition in the market in such a way that the advantages outweigh the disadvantages of the creation or strengthening of a dominant position. | |
| Dominance | Limits Access | 1 | Article 82(b) of the EU Treaty prohibits abuse of a dominant position. |
| Abusive Acts | 1 | Article 82 of the EU Treaty prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 82(a) of the EU Treaty prohibits price setting.
| |
| Discriminatory Pricing | 1 | Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions. | |
| Resale Price Maintenance | 1 | Article 81 of the EU Treaty prohibits minimum resale price restrictions.[5] | |
| Obstacles to Entry | 1 | Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[6] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Articles 81(1)(a) of the EU Treaty prohibits price fixing. |
| Tying | 1 | Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying. | |
| Market Division | 1 | Article 81 of the EU Treaty prohibits customer allocation clauses.[7] | |
| Output Restraint | 1 | Article 81(1)(b) of the EU Treaty prohibits limiting production.
| |
| Market Sharing | 1 | Article 81(1)(c) of the EU Treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the EU Treaty prohibits bid-rigging. | |
| Supply Refusal | 1 | Article 81(1)(b) of the EU Treaty prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) of the EU Treaty 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.globalcompetitionreview.com/ear/austria.cfm
- ↑ http://www.iclg.co.uk/khadmin/Publications/pdf/591.pdf
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.