Trinidad and Tobago, 2007
Score = 20
Governed by: Fair Trading Act of 2006 [1], enacted in 2007[2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Section 44(2) provides for fines of up to 10% of corporate turnover. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Section 16 permits divestitures of improperly merged entities. | |
| Private Enforcement | 3rd Party Initiation | 1 | Section 7(A) allows third parties to initiate proceedings. |
| Remedies Available to 3rd Parties | 1 | Section 17(4) allows injured third parties actions for damages. | |
| 3rd Party Rights in Proceedings | 1 | Section 8(2) affords parties likely to be affected by decisions the right to be heard at proceedings. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Section 14(1) requires certain companies to seek Commission approval before they merge. | |
| Pre-merger | 2 | Section 14(1) requires certain companies to seek Commission approval before they merge. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Section 14 states that companies with large sales volumes must seek Commission approval before merging. |
| Restriction of Competition | 1 | Section 14(3) says that mergers that don't restrict competition may be approved. | |
| Public Interest (Pro D) | 1 | Article 14(3) says that mergers which do not harm the public may be approved. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Section 21(2)(e)prohibits limiting production. |
| Abusive Acts | 1 | Article 21(1) prohibits the abuse of a dominant position. | |
| Price Setting | 1 | Article 21(2)(d) bans price setting. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 21(2)(a) bans creation of obstacles to entry. Article 21(c) bans eliminating competitors. | |
| Efficiency Defense | 1 | Article 21(3)permits otherwise abusive behavior if it increases efficiency and passes some of the benefits to consumers. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 17(1)(A)prohibits price fixing. |
| Tying | 1 | Article 17(1)(e) bans tying. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 17(1)(b) prohibits limiting markets. | |
| Market Sharing | 1 | Article 17(1)(c) prohibits market sharing | |
| Eliminating Competitors | 1 | Section 17(2) prohibits any agreement aimed at reducing competition. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
References
- ↑ statute at http://webopac.ttlawcourts.org/LN/LN2007/LN98_07.pdf
- ↑ proclamation at http://webopac.ttlawcourts.org/LN/LN2007/LN98_07.pdf