Estonia (March 8, 2003): Difference between revisions
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New page: '''Score = ''' ''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, as amended February 11 2003, entered into force March 8, 2003 (RT I ... |
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''Governed by:'' Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, as amended February 11 2003, entered into force March 8, 2003 (RT I 2003, 23, 133) (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, as amended February 11 2003, entered into force March 8, 2003 (RT I 2003, 23, 133) (hereinafter referred to as “Competition Act”). | ||
<ref>http://www.konkurentsiamet.ee/public/documents/eng/CompetitionAct.htm</ref> | <ref>http://www.konkurentsiamet.ee/public/documents/eng/CompetitionAct.htm</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
|- | |- | ||
| Line 11: | Line 10: | ||
| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| | | 1 | ||
| | | § 1(2) states that the Act applies "if an act or omission directed at restricting competition is committed outside the territory of Estonia but restricts competition within the territory of Estonia" | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Remedies | | Remedies | ||
| Fines | | Fines | ||
| | | 1 | ||
| | | §75 allows imposition of fines. | ||
|- | |- | ||
| | | | ||
| Prison Sentences | | Prison Sentences | ||
| | | 1 | ||
| | | §79 of the amended 2004 Act allows prison sentences for criminal violations. | ||
|- | |- | ||
| Line 59: | Line 58: | ||
| | | | ||
| Mandatory | | Mandatory | ||
| | | 1 | ||
| | | §25 requires notification of concentrations. | ||
|- | |- | ||
| | | | ||
| Pre-merger | | Pre-merger | ||
| | | 1 | ||
| | | §25 requires that the notification come within one week of one of the enumerated decisive acts. | ||
|- | |- | ||
| Line 83: | Line 82: | ||
| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 1 | ||
| | | §22(1) allows consideration of whether a merger creates barriers to entry. | ||
|- | |- | ||
| Line 113: | Line 112: | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | §16(2) lists limiting production and markets as an example of an abusive act. | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | §16 prohibits abuse by dominant undertakings. | ||
|- | |- | ||
| | | | ||
| Price Setting | | Price Setting | ||
| | | 1 | ||
| | | §16(1) lists price setting as an example of an abusive act. | ||
|- | |- | ||
| | | | ||
| Discriminatory Pricing | | Discriminatory Pricing | ||
| | | 1 | ||
| | | §4(1)(5) lists applying dissimilar conditions to equivalent agreements as an abusive act. | ||
|- | |- | ||
| Line 155: | Line 154: | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| | | §4(1)(1) prohibits price fixing | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| | | §4(1)(6) prohibits tying arrangements. | ||
|- | |- | ||
| Line 179: | Line 178: | ||
| | | | ||
| Market Sharing | | Market Sharing | ||
| | | 1 | ||
| | | §4(1)(3) prohibits market sharing. | ||
|- | |- | ||
| | | | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| | | 1 | ||
| | | §4(1)(3) prohibits attempts to exclude another person from the market. | ||
|- | |- | ||
| Line 197: | Line 196: | ||
| | | | ||
| Supply Refusal | | Supply Refusal | ||
| | | 1 | ||
| | | §16(6) prohibits the unjustified refusal to sell or buy goods. | ||
|- | |- | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | §6(2) grants an exception to the §4 prohibitions for companies that contribute to technological and economic progress. | ||
|} | |} | ||
Revision as of 03:13, 9 January 2008
Score =
Governed by: Competition Act of 5 June 2001 (RT I 2001, 56, 332) entered into force 1 October 2001, as amended February 11 2003, entered into force March 8, 2003 (RT I 2003, 23, 133) (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | § 1(2) states that the Act applies "if an act or omission directed at restricting competition is committed outside the territory of Estonia but restricts competition within the territory of Estonia" |
| Remedies | Fines | 1 | §75 allows imposition of fines. |
| Prison Sentences | 1 | §79 of the amended 2004 Act allows prison sentences for criminal violations. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 1 | §25 requires notification of concentrations. | |
| Pre-merger | 1 | §25 requires that the notification come within one week of one of the enumerated decisive acts. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | §22(1) allows consideration of whether a merger creates barriers to entry. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | §16(2) lists limiting production and markets as an example of an abusive act. |
| Abusive Acts | 1 | §16 prohibits abuse by dominant undertakings. | |
| Price Setting | 1 | §16(1) lists price setting as an example of an abusive act. | |
| Discriminatory Pricing | 1 | §4(1)(5) lists applying dissimilar conditions to equivalent agreements as an abusive act. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §4(1)(1) prohibits price fixing |
| Tying | 1 | §4(1)(6) prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | §4(1)(2) prohibits limiting production and service. | |
| Market Sharing | 1 | §4(1)(3) prohibits market sharing. | |
| Eliminating Competitors | 1 | §4(1)(3) prohibits attempts to exclude another person from the market. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | §16(6) prohibits the unjustified refusal to sell or buy goods. | |
| Efficiency Defense | 1 | §6(2) grants an exception to the §4 prohibitions for companies that contribute to technological and economic progress. |