Georiga (2005): Difference between revisions
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<ref>This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf, by the Georgian-European Policy and Legal Advice Center (GEPLAC).</ref><ref>This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," ''Georgian Law Review'', vol. 9 #1/2 2006, pp. 5-41. This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.</ref> | <ref>This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf, by the Georgian-European Policy and Legal Advice Center (GEPLAC).</ref><ref>This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," ''Georgian Law Review'', vol. 9 #1/2 2006, pp. 5-41. This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.</ref> | ||
According to the English translations that are currently available, the 2005 competition law eliminates nearly all antimonopoly measures, while introducing new rules for state assistance to Georgian businesses.<ref>http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf</ref> State assistance may not have anti-competitive effects, but no competition enforcement mechanism appears to have been included.<ref>http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf</ref>. | |||
Article 30, Section 2 of the Georgian Constitution forbid monopolistic activity, except where permitted by law.<ref>Georgia Constitution http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf</ref>. There appears to be no law to enforce this prohibition at this time, however. | |||
For now, Georgia plans to avoid any new changes to its competition law, in order to reduce regulatory obstacles to business in its open economy.<ref>Georgia -- Letter of Intent, Memorandum of Economic and Financial Policies, and Technical Memorandum of Understanding, September 09, 2008. http://www.imf.org/external/np/loi/2008/geo/090908.pdf</ref>. | |||
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Revision as of 19:10, 4 October 2008
Score = 0
Governed by: The Law of Georgia on Free Trade and Competition of 2005. [1][2]
According to the English translations that are currently available, the 2005 competition law eliminates nearly all antimonopoly measures, while introducing new rules for state assistance to Georgian businesses.[3] State assistance may not have anti-competitive effects, but no competition enforcement mechanism appears to have been included.[4].
Article 30, Section 2 of the Georgian Constitution forbid monopolistic activity, except where permitted by law.[5]. There appears to be no law to enforce this prohibition at this time, however.
For now, Georgia plans to avoid any new changes to its competition law, in order to reduce regulatory obstacles to business in its open economy.[6].
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| 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 | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
References
- ↑ This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf, by the Georgian-European Policy and Legal Advice Center (GEPLAC).
- ↑ This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," Georgian Law Review, vol. 9 #1/2 2006, pp. 5-41. This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.
- ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
- ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
- ↑ Georgia Constitution http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf
- ↑ Georgia -- Letter of Intent, Memorandum of Economic and Financial Policies, and Technical Memorandum of Understanding, September 09, 2008. http://www.imf.org/external/np/loi/2008/geo/090908.pdf