Jamaica 2001: Difference between revisions
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JWSchneider (talk | contribs) New page: '''Score = 19''' ''Governed by:'' The Fair Competition Act of 9 March 1993 (hereinafter referred to as “Competition Act”). <ref>Citation to statute source.</ref> {| class="wikitable... |
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''Governed by:'' The Fair Competition Act of 9 March 1993 (hereinafter referred to as “Competition Act”). | ''Governed by:'' The Fair Competition Act of 9 March 1993 (hereinafter referred to as “Competition Act”). | ||
<ref> | <ref>http://jftc.com/TheFCA/theact/PDFACT/Fair%20Competition%20Act.pdf</ref> (as amended in 2001<ref>http://www.globalcompetitionforum.org/regions/n_america/Jamaica/Jamaica-%20Amendment%20Act.pdf</ref>). | ||
{| class="wikitable" | {| class="wikitable" | ||
Revision as of 20:49, 5 July 2007
Score = 19
Governed by: The Fair Competition Act of 9 March 1993 (hereinafter referred to as “Competition Act”). [1] (as amended in 2001[2]).
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | §2 says that the Act applies to anything that hinders competition in Jamaica. |
| Remedies | Fines | 1 | §42 allows the Commission to impose fines or imprisonment for various violations. |
| Prison Sentences | 1 | §42 allows the Commission to impose fines or imprisonment for various violations. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | §5(1)(a) says that proceedings are initiated upon request of any person. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | §7(2) allows interested parties to testify at hearings. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Mergers that result in abuse of a dominant position are prohibited. |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | §20(e) prohibits limiting access to production. |
| Abusive Acts | 1 | §19 prohibit abuse of a dominant position. | |
| Price Setting | 1 | §20(1)(d) prohibits price setting. | |
| Discriminatory Pricing | 1 | §17(2)(e) prohibits discriminatory pricing. | |
| Resale Price Maintenance | 1 | §25 prohibits RPM | |
| Obstacles to Entry | 1 | §20(1)(a) prohibits restricting the entry of any person into the market. | |
| Efficiency Defense | 1 | §20(2)(a) allows a defense for showing that the abusive acts lead to an improvement in production or distribution or promotes technical or economic progress. | |
| Restrictive Trade Practices | Price Fixing | 1 | §17(2)(a) prohibits price fixing. |
| Tying | 1 | §17(2)(f) prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | §17(2)(b) prohibits limiting or controlling production and development. | |
| Market Sharing | 1 | §17(2)(c) prohibits market sharing. | |
| Eliminating Competitors | 1 | §20(1)(c) prohibits eliminating any person from the market. | |
| Collusive Tendering/Bid-Rigging | 1 | §17(2)(d) prohibits collusive tendering. | |
| Supply Refusal | 1 | §18(1)(b) prohibits agreements that have the effect of restricting the supply of goods to a particular class of persons. | |
| Efficiency Defense | 1 | §17(4) allows an exception for agreements that contributes to the improvements of production or distribution or promotes technical or economic progress. |