Slovak Republic (27 February 2001): Difference between revisions
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New page: '''Score = 28''' ''Governed by:'' 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1... |
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Revision as of 22:09, 12 August 2007
Score = 28
Governed by: 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2(4) says that the Act may apply to activities abroad if they affect the domestic market. |
| Remedies | Fines | 1 | Article 38 provides guidelines for fining. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of Council Regulation No 1/2003 allows for structural remedies | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 25(2) allows third party to initiate a Commission proceeding through a written petition. |
| Remedies Available to 3rd Parties | 1 | Article 42 says that injured consumers can demand remedies in civil courts. | |
| 3rd Party Rights in Proceedings | 1 | Article 27 requires the Authority to allow 3rd parties to participate if they so request. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 7(1) of CR 139/2004 requires notification[2] | |
| Pre-merger | 2 | Article 7(1) of 139/2004 requires pre-clearance | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 2(1) of CR 139/2004 considers dominance |
| Restriction of Competition | 1 | Article 2(1)(a) of CR 139/2004 considers effect on competition in the market | |
| Public Interest (Pro D) | 1 | Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress | |
| Public Interest (Pro Authority) | 1 | Article 2(1)(b) of CR 139/2004 considers the interests of intermediate and ultimate consumers | |
| Other | 0 | ||
| Efficiency | 1 | Article 2(4) of CR 139/2004 allows an efficiency defense | |
| Dominance | Limits Access | 1 | Article 82(b) prohibits limiting access |
| Abusive Acts | 1 | Article 82 prohibits abuse of a dominant position | |
| Price Setting | 1 | Article 82(a) prohibits price setting | |
| Discriminatory Pricing | 1 | Articles 81(1)(d), 82(c) prohibit discriminatory conditions | |
| Resale Price Maintenance | 1 | Article 81 prohibits minimum resale price restrictions[3] | |
| Obstacles to Entry | 1 | Article 82 prohibits anti-competitive pricing schemes[4] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) prohibits price fixing |
| Tying | 1 | Articles 81(1)(e), 82(d) prohibit tying | |
| Market Division | 1 | Article 81 prohibits customer allocation clauses[5] | |
| Output Restraint | 1 | Article 81(1)(b) prohibits limiting production | |
| Market Sharing | 1 | Article 81(1)(c) prohibits market sharing | |
| Eliminating Competitors | 1 | Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 prohibits bid-rigging | |
| Supply Refusal | 1 | Article 81(1)(b) prohibits supply refusal | |
| Efficiency Defense | 1 | Article 81(3) allows an efficiency defense |
References
- ↑ Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356.
- ↑ The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded as requiring mandatory pre-merger notification.
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.