User talk:JWSchneider

Fiji 1998 - Preambles

The preamble to the Fair Trade Act mention public interest and economic efficiency as stated goals of the legislation. Do they count as defenses?

Hylton: Don't count these --JWSchneider 10:15, 28 June 2007 (EDT)

Fiji 1998 - Mergers, elimination of competition

Does 49(1)(b)(i) count as eliminating competition?

49. Mergers.

(1) A person shall be guilty of an offence who acquires, directly or indirectly, any shares in the capital, or any assets, of a body corporate if –

   (a) as a result of the acquisition, the person would be, or be likely to be, in a position to dominate a market for goods or services; or

   (b) in a case where the person is in a position to dominate a market for goods or services-

       i) the body corporate or another body corporate that is related to that body corporate is, or is likely to be, a competitor of the person or of a body corporate that is related to the person; and

Hylton: Yes it is. --JWSchneider 10:24, 28 June 2007 (EDT)

Fiji 1998 - Divestiture

Does this count as divestiture?

125. Injunctions.

(4) If the Court is satisfied, on application by the Minister or the Director that a person has engaged in conduct constituting a contravention of a provision of this Decree the Court may grant an injunction requiring that person to take specified action (which may include the disclosure of information or the publication of advertisements) to remedy any adverse consequences of his contravening any provision of this Decree.

Hylton: Not divestiture. --JWSchneider 10:31, 28 June 2007 (EDT)

Jordan 2004 - RTP - Tying

It's tying under dominance, but do we mark it under RTP?

6(G) - G- Tying the sale of a product or the provision of a service to the purchase of another or others or the purchase of a limited amount or a request for the provision of another service.

Hylton: YES. --JWSchneider 10:41, 9 July 2007 (EDT)

Jordan 2004 - RTP - Supply Refusal

Again, under dominance. Does it count?

6(F) - F- Refusing, without objective grounds, to deal with a particular customer under the usual commercial conditions.

Hylton: Limiting access. --JWSchneider 10:41, 9 July 2007 (EDT)

Jordan 2004 - Efficiency Defenses for dominance and RTP

Efficiency defense?

7(B) and (C)

B- Practices and arrangements exempted by the Minister from the application of Articles 5 and 6 of this Law by a reasoned decision on the basis of a recommendation of the Director shall not be considered anti-competitive if they lead to positive results, with a common benefit that cannot be achieved without this exemption, including the improvement of the competitive ability of Enterprises, or production or distribution systems, or providing certain benefits to the consumer.

C- The Minister may apply the exemptions referred to in paragraph (B) above to a class of practices or conditions of contract or to practices or arrangements or conditions of contract of particular Enterprises, provided that such Enterprises shall request to be granted this exemption in accordance with a form adopted by the Minister for that purpose.

Jordan 2004 - Merger Assessment - Dominance

Looks like only mergers that result in dominance are examined by the gov't

9(B) - The accomplishment of economic concentration operations impacting the level of competition in the market by causing or enforcing a Dominant Position shall depend upon receiving the approval of the Minister in writing, if the total share of the Enterprise or Enterprises concerned in the economic concentration operation exceeds 40% of the total transactions in the market.

Article 10 A- Enterprises wishing to carry out economic concentration operations which fall within the ambit of paragraph (B) of Article 9 of this Law shall submit a petition in this regard to the Directorate, on the form adopted by the Ministry, within thirty days ...

Agreed. Definitely looks like market share of acquiring company is taken into account in merger assessment. --Kajrozga 13:00, 9 July 2007 (EDT)

Jordan 2004 - Merger assessment

Do we have a public interest defense here??

11(A)- The Minister may, upon recommendation of the Director, issue a reasoned decision regarding petitions submitted by virtue of the provisions of Article 10 hereof as follows:

1- Approve the economic concentration operation if it does not negatively impact competition, or has positive economic benefits that outweigh any negative impact on competition, such as leading to a lowering of the price of services or products, or providing employment opportunities, or encouraging exports or attracting investment, or supporting the ability of national Enterprises to compete internationally.

Hylton: Public interest (pro consumer) and efficiency. National champion goes under public interest (pro-D). --JWSchneider 10:44, 9 July 2007 (EDT)

Jamaica 2001 - 3rd party remedies

Does this count?

48. (1) Every person who engages in conduct which constitutes— (a) a contravention of any of the obligations or prohibitions imposed in Parts III, IV, VI or VII; (b) aiding, abetting, counselling or procuring the contravention of any such provision; (c) inducing by treats, promises, or otherwise the contravention of any such provision; (d) being knowingly conceived in or party to any such contravention; or (e) conspiring with any other person to contravene any such provision, is liable in damages for any loss caused to any other person by such conduct. (2) An action under subsection (1) may be commenced at any time within three years from the time when the cause of action arose.

I'd double check with hylton, though i agree with you. --Kajrozga 12:58, 9 July 2007 (EDT)