Cameroon (July, 1998): Difference between revisions
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New page: '''Score = 18''' ''Governed by:'' Law o. 98-13 of 14 July 1998 relating to competition (hereinafter referred to as “Act”) <ref>Available at http://www.spm.gov.cm/showtexte.php?idtex... |
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| 3rd Party Initiation | | 3rd Party Initiation | ||
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| §35 allows any natural person or corporation to initiate an investigation | | §35 allows any natural person or corporation to initiate an investigation by the National Competition Committee | ||
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| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
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| Other | | Other | ||
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| | | Article 16 lists business failure as a consideration in merger assessment | ||
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Revision as of 04:13, 16 July 2007
Score = 18
Governed by: Law o. 98-13 of 14 July 1998 relating to competition (hereinafter referred to as “Act”) [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | §2 extends the law to anything having an effect on the domestic market |
| Remedies | Fines | 1 | §24 allows fines for violations of the Act. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | §26 allows an improperly merged corporation to be dissolved. | |
| Private Enforcement | 3rd Party Initiation | 1 | §35 allows any natural person or corporation to initiate an investigation by the National Competition Committee |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §18 requires mandatory pre-merger notification. | |
| Pre-merger | 2 | §18 requires mandatory pre-merger notification. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | §4 prohibits mergers that distort competition. | |
| Public Interest (Pro D) | 1 | §17 allows otherwise impermissible mergers when they improve the performance of the national economy. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | Article 16 lists business failure as a consideration in merger assessment | |
| Efficiency | 1 | §17 provides an efficiency defense for mergers that have some negative effects on competition. | |
| Dominance | Limits Access | 1 | §11 prohibits limiting access. |
| Abusive Acts | 1 | §4 prohibits abuses by dominant firms. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | §11 prohibits restricting market entry. | |
| Efficiency Defense | 1 | §12 creates an efficiency defense for §11 violations. | |
| Restrictive Trade Practices | Price Fixing | 1 | §5 prohibits price fixing. |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 1 | §5 prohibits output restraint. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | §4 prohibits any agreement between firms that distorts competition. | |
| Collusive Tendering/Bid-Rigging | 1 | §5 prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | §6 provides an efficiency defense for §5 violations. |
References
- ↑ Available at http://www.spm.gov.cm/showtexte.php?idtexte=156&lang=en