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 14:25, 21 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 | 0 |
References
- ↑ The National Center of Legal Information of the Republic of Belarus website, http://law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/4dd2237ccbd3b4e6c2256dc1002932c6?OpenDocument