European Commission

Score = 27

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002. Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies	Fines	1	Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)
	Prison Sentences	0
	Divestitures	1	Article 8(4) of Regulation 139/2004 (EC Merger Regulation).
Private Enforcement	3rd Party Initiation	1	Council Regulation 1/2003 (Chapter III, Article 7(2))
	Remedies Available to 3rd Parties	1	Private citizens have a right to bring a civil action in a national court with adequate competence.
	3rd Party Rights in Proceedings	1	Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)
Merger Notification	Voluntary	0
	Mandatory	3	Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
	Pre-merger	2	Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
	Post-merger	0
Merger Assessment	Dominance	1	EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3)
	Restriction of Competition	1	EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3)
	Public Interest (Pro D)	1	EC Merger Control Regulation 139/2004, Article 2(1)(b)
	Public Interest (Pro Authority)	1	EC Merger Control Regulation 139/2004, Article 2(1)(b)
	Other	0
	Efficiency	1	Preamble to EC Merger Control Regulation 139/2004 on page 4 (para. 29).
Dominance	Limits Access	1	Article 82(b) of the Rome Treaty prohibits limiting access.
	Abusive Acts	1	Article 82 of the Rome Treaty prohibits abuse of dominant position.
	Price Setting	1	Article 82(a) of the Rome Treaty prohibits price setting.
	Discriminatory Pricing	1	Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
	Resale Price Maintenance	1	Article 82(a) of the Rome Treaty prohibits resale price maintenance.
	Obstacles to Entry	1	Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 81(1)(a) of the Rome Treaty prohibits price fixing.
	Tying	1	Article 81(1)(e) of the Rome Treaty prohibits tying.
	Market Division	1	Article 81 of the Rome Treaty prohibits customer allocation clauses.
	Output Restraint	1	Article 81(1)(b) of the Rome Treaty prohibits limiting production.
	Market Sharing	1	Article 81(1)(c) of the Rome Treaty prohibits market sharing.
	Eliminating Competitors	1	Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
	Collusive Tendering/Bid-Rigging	1	Article 81 of the Rome Treaty prohibits bid-rigging.
	Supply Refusal	1	Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
	Efficiency Defense	1	Article 81(3) of the Rome Treaty allows an efficiency defense.