Estonia (June 28, 2004)

Score = 21

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”).

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	0
Private Enforcement	3rd Party Initiation	1	§63 of the 2004 amendment lists the procedure for filing an application with the Competition Board.
	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Party Rights in Proceedings	0	§67 of the 2001 Act gave interested 3rd parties rights in proceedings however these were repealed in a 2002 amendment (RT I 2002, 82, 480).
Merger Notification	Voluntary	0
	Mandatory	3	§25 requires notification of concentrations.
	Pre-merger	2	§25 requires that the notification come within one week of one of the enumerated decisive acts.
	Post-merger	0
Merger Assessment	Dominance	1	§22(2) says that the Competition Board may prohibits a merger if it would strengthen the dominant position.
	Restriction of Competition	1	§22(1) lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
	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	§16(3) 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.