Belarus December 2002: Difference between revisions
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| Article 11(4) allows the commission to consider whether the amalgamation will restrict competition. | | Article 11(4) allows the commission to consider whether the amalgamation will restrict competition. | ||
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Revision as of 21:45, 20 June 2007
Score = 26
Governed by: Law of the Republic of Belarus No. 2034-XII of December 10, 1992 last amended by Law of the Republic of Belarus of December 2002 No. 154-Z. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3 extends the law to cover international activities that have an affect in Belarus. |
| Remedies | Fines | 1 | Article 16(1) allows the commission to impose fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 10 says that the Competition Authority can order forced reorganizations of companies which can include divesting certain parts. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 14 allows consumer groups to initiate action by the Commission. |
| Remedies Available to 3rd Parties | 1 | Article 16(4) allows injured parties to collect damages. | |
| 3rd Party Rights in Proceedings | 1 | Article 14(2) allows 3rd parties to make their own examinations of decisions made and take action in courts. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 11(3) requires amalgamating companies to file an application with the Competition Authority. | |
| Pre-merger | 2 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 11(4) allows the commission to consider the strengthening or creation of a dominant position. |
| Restriction of Competition | 1 | Article 11(4) allows the commission to consider whether the amalgamation will restrict competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 5(1) prohibits restricting supply to drive up prices. |
| Abusive Acts | 1 | Article 5 prohibits abuses of a dominant position. | |
| Price Setting | 1 | Article 5(1) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 5(1) prohibits the imposition of discriminatory conditions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 5(1) prohibits the creation of obstacles to market entry. | |
| Efficiency Defense | 1 | Article 5(2) allows a limited defense when the monopoly is needed for national interests. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 6(1) prohibits price fixing. |
| Tying | 1 | Article 5(1) prohibits tying arrangements. | |
| Market Division | 1 | Article 6(1) prohibits market division. | |
| Output Restraint | 1 | Article 6(1) prohibits output restraint. | |
| Market Sharing | 1 | Article 6(1) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 6(1) prohibits agreements that may eliminate competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 6(1) prohibits collusive tendering. | |
| Supply Refusal | 1 | Article 6(1) prohibits group boycotts. | |
| Efficiency Defense | 1 | Article 6(3) provides an efficiency defense to cartels.[2] |
References
- ↑ The National Center of Legal Information of the Republic of Belarus website, http://law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/4dd2237ccbd3b4e6c2256dc1002932c6?OpenDocument
- ↑ "Id. at 6(3) ("... provided the economic entities prove that economic effect of their actions, including social and economic sectors, will exceed negative consequences for the given commodity market or the Republic of Belarus as a whole ...")