Estonia (June 28, 2004): Difference between revisions
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New page: '''Score = 29''' ''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referr... |
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'''Score = | '''Score = 27''' | ||
''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”). | ''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”). | ||
Revision as of 04:27, 8 October 2007
Score = 27
Governed by: Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, last amended 28 June 2004 (RT I 2004, 56, 401) (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | §1(2) says that the act applies to activity outside of Estonia that restricts competition in Estonia. |
| Remedies | Fines | 1 | §62(3) allows the Competition Board to impose fines for un-remedied violations of the Competition Act. |
| Prison Sentences | 1 | §79 of the amended 2004 Act allows prison sentences for criminal violations. | |
| Divestitures | 1 | Article 7 of Council Regulation No 1/2003 allows for structural remedies | |
| Private Enforcement | 3rd Party Initiation | 1 | §63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.[2] |
| Remedies Available to 3rd Parties | 1 | §78 says that compensation for damages caused by violations of the Act could be dealt with through civil procedure. | |
| 3rd Party Rights in Proceedings | 1 | Article 27(3) of Council Regulation No 1/2003 affords evidentiary rights to 3rd parties | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 7(1) of CR 139/2004 requires notification.[3] | |
| 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.[4] | |
| Obstacles to Entry | 1 | Article 82 prohibits anti-competitive pricing schemes.[5] | |
| 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.[6] | |
| 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
- ↑ Estonian Competition Board website, http://www.konkurentsiamet.ee/?id=10643
- ↑ This provision is dealt with in §65 of the 2001 Act – the provision is different but the score does not change as both give 3rd parties some method of initiating proceedings.
- ↑ 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.