Guyana: Difference between revisions
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New page: '''Score = __''' ''Governed by:'' Competition and Fair Trading Act of 2004 (hereinafter referred to as “Competition Act”). <ref>http://www.mintic.gov.gy/documents/Competition_and_Fai... |
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| Line 17: | Line 17: | ||
| Remedies | | Remedies | ||
| Fines | | Fines | ||
| | | 1 | ||
| Article 48(a): 7(10)(c)(iii) allows Commission to impose fine up to $10 million (Though Article 25(3) allows $25 million fine for abuse of dominant position) | | Article 48(a): 7(10)(c)(iii) allows Commission to impose fine up to $10 million (Though Article 25(3) allows $25 million fine for abuse of dominant position) | ||
| Line 35: | Line 35: | ||
| Private Enforcement | | Private Enforcement | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| | | 1 | ||
| Article 6(b) allows third party to initiate proceedings through Commission | | Article 6(b) allows third party to initiate proceedings through Commission | ||
| Line 41: | Line 41: | ||
| | | | ||
| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| | | 1 | ||
| Article 22(2) allows third party to petition Commission to get compensation for damages resulting from violator’s acts | | Article 22(2) allows third party to petition Commission to get compensation for damages resulting from violator’s acts | ||
| Line 113: | Line 113: | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| Article 24(1)(e) prohibits limiting production. | | Article 24(1)(e) prohibits limiting production. | ||
| Line 119: | Line 119: | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| Article 23(1) | | Article 23(1) prohibits abuse of dominant position. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| Article 24(1)(d) prohibits imposition of unfair selling prices | | Article 24(1)(d) prohibits imposition of unfair selling prices | ||
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| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| 7(1)g prohibits price discrimination | | 7(1)g prohibits price discrimination | ||
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| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 1 | ||
| Article 31(1) prohibits resale price maintenance. | | Article 31(1) prohibits resale price maintenance. | ||
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| | | | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| | | 1 | ||
| Article 24(1)(a) prohibits restriction of entry into market of an enterprise. | | Article 24(1)(a) prohibits restriction of entry into market of an enterprise. | ||
| Line 149: | Line 149: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| Article 24(1)(e) permits otherwise prohibited behavior if it improves production or distribution of goods or promotes economic progress | | Article 24(1)(e) permits otherwise prohibited behavior if it improves production or distribution of goods or promotes economic progress | ||
| Line 155: | Line 155: | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| Article 20(2)(a) prohibits price fixing. | | Article 20(2)(a) prohibits price fixing. | ||
| Line 161: | Line 161: | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| Article 20(2)(c) prohibits tying. | | Article 20(2)(c) prohibits tying. | ||
| Line 167: | Line 167: | ||
| | | | ||
| Market Division | | Market Division | ||
| | | 1 | ||
| Article 20(2)(c) prohibits market division. | | Article 20(2)(c) prohibits market division. | ||
| Line 173: | Line 173: | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| Article 20(2)(b) prohibits the limiting of production. | | Article 20(2)(b) prohibits the limiting of production. | ||
| Line 191: | Line 191: | ||
| | | | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| | | 1 | ||
| Article 20(2)(d) prohibits bid tendering. | | Article 20(2)(d) prohibits bid tendering. | ||
| Line 197: | Line 197: | ||
| | | | ||
| Supply Refusal | | Supply Refusal | ||
| | | 1 | ||
| Article 39(b) prohibits refusal of supply of goods to other enterprises | | Article 39(b) prohibits refusal of supply of goods to other enterprises | ||
| Line 203: | Line 203: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| Article 20(3)(a) allows for considering whether an agreement “contributes to the improvement of production or distribution of goods or services or the promoting of technical or economic progress.” | | Article 20(3)(a) allows for considering whether an agreement “contributes to the improvement of production or distribution of goods or services or the promoting of technical or economic progress.” | ||
Revision as of 22:41, 12 August 2007
Score = __
Governed by: Competition and Fair Trading Act of 2004 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 48(a): 7(10)(c)(iii) allows Commission to impose fine up to $10 million (Though Article 25(3) allows $25 million fine for abuse of dominant position) |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 6(b) allows third party to initiate proceedings through Commission |
| Remedies Available to 3rd Parties | 1 | Article 22(2) allows third party to petition Commission to get compensation for damages resulting from violator’s acts | |
| 3rd Party Rights in Proceedings | |||
| Merger Notification | Voluntary | ||
| Mandatory | |||
| Pre-merger | |||
| Post-merger | |||
| Merger Assessment | Dominance | ||
| Restriction of Competition | |||
| Public Interest (Pro D) | |||
| Public Interest (Pro Authority) | |||
| Other | |||
| Efficiency | |||
| Dominance | Limits Access | 1 | Article 24(1)(e) prohibits limiting production. |
| Abusive Acts | 1 | Article 23(1) prohibits abuse of dominant position. | |
| Price Setting | 1 | Article 24(1)(d) prohibits imposition of unfair selling prices | |
| Discriminatory Pricing | 1 | 7(1)g prohibits price discrimination | |
| Resale Price Maintenance | 1 | Article 31(1) prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 24(1)(a) prohibits restriction of entry into market of an enterprise. | |
| Efficiency Defense | 1 | Article 24(1)(e) permits otherwise prohibited behavior if it improves production or distribution of goods or promotes economic progress | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 20(2)(a) prohibits price fixing. |
| Tying | 1 | Article 20(2)(c) prohibits tying. | |
| Market Division | 1 | Article 20(2)(c) prohibits market division. | |
| Output Restraint | 1 | Article 20(2)(b) prohibits the limiting of production. | |
| Market Sharing | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | 1 | Article 20(2)(d) prohibits bid tendering. | |
| Supply Refusal | 1 | Article 39(b) prohibits refusal of supply of goods to other enterprises | |
| Efficiency Defense | 1 | Article 20(3)(a) allows for considering whether an agreement “contributes to the improvement of production or distribution of goods or services or the promoting of technical or economic progress.” |