User talk:AchalOza

Mauritius 2003 RTP Efficiency Defense

Efficiency defense?

Article 16(b)

"(b) whether the effects of any absence, prevention, restriction or distortion of competition are outweighed by any specific benefits in respect of –

(i) the safety of goods and services;

(ii) the efficiency with which goods are produced, supplied or distributed or services are supplied or made available; or

(iii) the development and use of new and improved goods and services and means of production and distribution . . ."

--AchalOza 17:52, 15 July 2007 (EDT)

Oh yes. --JWSchneider 16:09, 16 July 2007 (EDT)

Turkey 2005 Pre-Merger Notification

Based on the tense of the language used, it appears to require a pre-merger notification. Moreover, the statute which this one replaced explicitly called for post-merger notification.

Article 10 - "As of the date the Board is notified of merger or acquisition agreements falling under article 7, the Board is, as a result of the preliminary examination to be performed by it within fifteen days, obliged to permit the merger or acquisition transaction, or if it decides to deal with this transaction under final examination, it is obliged to duly notify, with its preliminary objection letter, those concerned of the fact that the merger or acquisition transaction is suspended and cannot be put into practice until the final decision, together with other measures deemed necessary by it. In this case, the provisions of articles 40-59 of this Act shall be applicable.

"Where the Board does not respond to or take any action for the application as to a merger or acquisition within due time, merger or acquisition agreements shall take effect and become legally valid after 30 days as of the date of the notification."

--AchalOza 14:08, 16 July 2007 (EDT)

Agree. From this I think it's reasonable to infer that the notification and assessment occur BEFORE the merger. --JWSchneider 16:11, 16 July 2007 (EDT)

Tanzania 2003 3rd Party Initiation

Article 69(I)

The Commission may initiate a complaint against an alleged prohibited practice.

(2) Any person may -

(a) submit information concerning an alleged prohibited practice to the Commission, in any manner or form; or

(b) submit a complaint against an alleged prohibited practice to the Commission in the prescribed form.

--AchalOza 16:05, 16 July 2007 (EDT)

I think this counts. Kaj might have told me that this sort of thing (3rd party initiation, but then the competition authority takes over) didn't count. Let's ask Hylton. --JWSchneider 16:12, 16 July 2007 (EDT)

Tanzania 2003 Merger Assessment Efficiency Defense

Efficiency defense?

(i) by contributing to greater efficiency in production or distribution;

(ii) by promoting technical or economic progress;

(iii) by contributing to greater efficiency in the allocation of resources; or

--AchalOza 16:53, 16 July 2007 (EDT)

Tanzania 2003 Merger Assessment Public Interest Defense

Public interest defense?

(iv) by protecting the environment and the merger:

(vi) the benefits to the public resulting from the merger outweigh the detriments caused by preventing, restraining or distorting competition;

--AchalOza 16:53, 16 July 2007 (EDT)