Latvia/EU, 2004: Difference between revisions
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| Section 22 of | | Section 22 of Latvia's Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.<ref>It is unclear whether this provision existed in the pre-2004 version of the Act.</ref> | ||
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| §15 requires pre-merger notification to the Competition Council. | | §15 of Latvia's Competition Act requires pre-merger notification to the Competition Council. | ||
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| §15 requires pre-merger notification to the Competition Council. | | §15 of Latvia's Competition Act requires pre-merger notification to the Competition Council. | ||
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| §16(3) allows the Council to prohibit a merger which will create or strengthen a dominant position. | | §16(3) of Latvia's Competition Act allows the Council to prohibit a merger which will create or strengthen a dominant position. | ||
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| §16(3) allows the Council to prohibit a merger which will hinder or distort competition. | | §16(3) of Latvia's Competition Act allows the Council to prohibit a merger which will hinder or distort competition. | ||
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Revision as of 23:13, 16 August 2008
Score = 25
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. Section 28 of The Competition Law of 4.10.2001 permits the national Competition Council to impose for fines for violations of EU competition law, pursuant to Sections 12(5) and 14(4) of that Act.[3] |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of CR 1/2003 allows for structural remedies. Under the national Competition Act, divestiture is allowed in the merger context, and §16(3) allows the Council to creating binding conditions on merging firms. | |
| Private Enforcement | 3rd Party Initiation | 1 | Section 22 of Latvia's Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.[4] |
| Remedies Available to 3rd Parties | 1 | §21 of Latvia’s Competition Act of 4.10.2001, as amended May 1, 2004, says that a company that violates a provision shall cover the losses to other market participants. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §15 of Latvia's Competition Act requires pre-merger notification to the Competition Council. | |
| Pre-merger | 2 | §15 of Latvia's Competition Act requires pre-merger notification to the Competition Council. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | §16(3) of Latvia's Competition Act allows the Council to prohibit a merger which will create or strengthen a dominant position. |
| Restriction of Competition | 1 | §16(3) of Latvia's Competition Act allows the Council to prohibit a merger which will hinder or distort competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| 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.
- ↑ Statute available at http://www.competition.lv/uploaded_files/ENG/E_likumK.pdf
- ↑ It is unclear whether this provision existed in the pre-2004 version of the Act.
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.