User talk:JWSchneider

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)

Jersey, Channel Islands - Generally

This is not a recognized country by the US state department. It's an independent - non-European, non-British - nation, owned by the English Crown.

Jersey, Channel Islands - Merger public interest defense

Efficiency? Public interest?

23 Exemption by Committee on grounds of public policy (Part 4) (1) The Committee may, after consulting the Authority, exempt a merger or acquisition of a type prescribed by an Order made under Article 20(3) from the requirement that it be approved by the Authority before execution. (2) The Committee shall not do so unless it is has satisfied itself that there are exceptional and compelling reasons of public policy that make it desirable to do so. (3) When, in accordance with paragraph (1), the Committee consults the Authority on a proposed exemption – (a) the Authority must publish the advice it gives to the Committee; and (b) the Committee must publish its reasons for granting or refusing to grant the exemption, as the case may be.

--JWSchneider 16:09, 11 July 2007 (EDT)

The rule we're using is default to efficiency defense unless the statute explicitly talks about "public interest", right? I think "public policy" is close enough to "public interest" to make this a public interest defense, but you should probably ask Hylton.

--AchalOza 09:27, 12 July 2007 (EDT)

Norway 1993 - Dominance and price setting

Counts?

Section 3-1 Prohibition of collaboration and influence on prices, markups and discounts Two or more undertakings must not, in connection with the sale of goods or services by agreement or concerted practices, or by any other conduct liable to influence competition, fix or seek to influence prices, markups or discounts except for normal cash discounts. By "normal cash discounts" is meant discounts in connection with cash payment or payment within 30 days. A rate of over 3 per cent shall in no case be regarded as a normal cash discount.

Likewise, one or more suppliers must not fix or seek to influence prices, discounts or markups for the recipients' sale of goods or services.

Norway 1993 - Divestiture as a remedy

Does this count?? A secondary source supports the fact that the Norwegians divest in practice: http://www.konkurransetilsynet.no/portal/page?_pageid=235,471114&_dad=portal&_schema=PORTAL&p_d_i=-121&p_d_c=&p_d_v=416231&p_d_i=-7127&p_d_c=&p_d_v=416231&p_d_i=-12732&p_d_c=&p_d_v=416231&p_d_i=-12733&p_d_c=&p_d_v=416231

Section 6-5 Relinquishment of gain Where a gain has been achieved by infringement of this Act or decisions pursuant to this Act, the undertaking which has made such a gain may be required wholly or partly to relinquish it. This shall also apply when the undertaking which makes the gain is different from the offender. Where it is impossible to establish the size of the gain, the amount shall be determined approximately.

Where the undertaking is a company that is part of a group of companies, the company's parent company and the parent company of the group of companies to which the company belongs shall bear a secondary liability for the amount.

The Competition Authority may issue a writ giving an option of relinquishment of gain in accordance with this Section. The decision to issue such a writ shall not be regarded as an individual decision pursuant to the Public Administration Act. The writ shall have a time limit for acceptance of up to two months. Acceptance of the option is a basis for attachment. If the option is not accepted the Competition Authority may, within three months of the expiry of the time limit for acceptance, bring action against the undertaking in the judicial district where the undertaking may be sued. The case shall be dealt with in accordance with the Act relating to Judicial Procedure in Civil Cases. Mediation in the conciliation board is not necessary.

Norway 1993 - Conditions for mergers

Sorry, but what do we do with this kind of language again?

Section 3-11 Intervention against acquisition of enterprises The Competition Authority may intervene against acquisition of enterprises where the Authority finds that the acquisition in question will create, or strengthen, a significant restriction of competition contrary to the purpose of Section 1-1.

By acquisition is also meant mergers, acquisition of stocks or shares and partial acquisition of enterprises.

Decisions concerning intervention may involve imposing a prohibition or order, as well as granting conditional permission. Among other things the Competition Authority may ...

Norway 2004 - Efficency defense

Thoughts?

Section 13 Examination of cases involving questions of principle or interests of major significance to society In cases involving questions of principle or interests of major significance to society, the King in Council may approve conduct that contravenes the prohibition set forth in Section 10 or Section 11, issue orders under Section 12, and reverse decisions of the Competition Authority made under Section 12. Approval of conduct that contravenes Section 10 or Section 11 shall have no effect on infringements of the Act or decisions made pursuant to the Act prior to the issuance of such approval.