User talk:AchalOza

Hungary 2005 Dom. Efficiency Defense

Does this sound like an efficiency defense to you guys?

21(h) - "[It shall be prohibited to abuse a dominant position, particularly:] to set extremely low prices which are not based on greater efficiency in comparison with that of competitors and which are likely to drive out competitors from the relevant market or to hinder their market entry;"

--AchalOza 12:04, 25 June 2007 (EDT)

Talked to Hylton, he said this is predatory pricing. Moreover, we should keep a running list of statutes that prohibit predatory pricing. If there are enough, then we should create a new entry for that in the dataset. For now, we should code it as discriminatory pricing (IS THAT RIGHT?).

--AchalOza 13:09, 26 June 2007 (EDT)

Israel 1988 Remedies Available to 3rd Parties

Looks like this article implies 3rd parties may recover monetary damages:

Article 46I(a) - "In the case that a ruling of pecuniary compensation is handed down by a Court in a Class Action, such Court may (1) Instruct whether such compensation is to be paid immediately or within a period determined by the Court"

--AchalOza 15:39, 1 July 2007 (EDT)

South Korea 2004 Divestures

This sounds like divesture language:

Art. 21 - "Where an enterpriser commits any activity violating the provisions of Article 19, Paragraph 1, the Fair Trade Commission may order enterpriser to discontinue the act, publicly announce the fact of receiving corrective order, or take other corrective measures."

--AchalOza 07:40, 3 July 2007 (EDT)

Ireland 2002 Pre or Post Merger Notification

Does this sound like a pre or post merger notification? It requires notice only of the proposal, so I think it's pre.

Art. 18 - "each of the undertakings involved in the merger or acquisition shall notify the Authority in writing of the proposal to put the merger or acquisition into effect, and provide full details thereof, within 1 month after the conclusion of the agreement or the making of the public bid."

Moreover, Art. 22(3) states that "[o]n completion of a full investigation in relation to the merger or acquisition concerned, the Authority shall make whichever of the following determinations it considers appropriate, namely that the merger or acquisition— (a) may be put into effect; (b) may not be put into effect; or (c) may be put into effect subject to conditions specified by it being complied with."

I think from this, pre-merger notification can be inferred.

--AchalOza 12:27, 2 July 2007 (EDT)

Ireland 2002 Divestitures

This statutes allows the authority to condition a merger on compliance with certain steps. Kenya's statute is almost identical and Hylton said to code that as divesture.

Art. 22(3)(c) states that a merger "may be put into effect subject to conditions specified by it being complied with."

Moreover, Art. 26(2) states that the court may issue an injunction to put those conditions into effect: "It shall be lawful for a court of competent jurisdiction to grant an injunction on the motion of the Authority or of any other person to enforce compliance with the terms of a commitment, a determi- nation or an order, for the time being in force."

--AchalOza 12:43, 2 July 2007 (EDT)

Latvia 2004 Divestitures

Sounds like divestiture language, allows the council to modify a merger agreement.

16(3) - "The Competition Council may permit such merger, at the same time determining provisions, which prevents negative consequences of the merger and which are binding upon the respective market participants."

--AchalOza 13:52, 2 July 2007 (EDT)

Lao PDR 2004 Extraterritoriality

I don't think this statute implies extraterritoriality, however it's currently coded as so:

Article 4 Scope of application - This Decree applies to the sale of goods and services in business activities.

--AchalOza 14:11, 3 July 2007 (EDT)

Lao PDR 2004 Divestitures

This looks like divestiture language to me:

Article 14 - Measures against business entities who commit offences

A business entity that commits offences under this Decree shall be dealt with as follows;

- Notice to change and rectify its behavior;

- Temporary suspension of activity until the behavior is rectified and changed;

- Close down indefinitely the activity and may be punished according to the law;

- Compensate a business entity that has incurred losses as a result of the offences.

--AchalOza 14:33, 3 July 2007 (EDT)

Lao PDR 2004 3rd Party Initiation

Does this count as 3rd Party Initiation?

Art. 14 - "[The Commission will] consider complaints from business persons and consumers;"

--AchalOza 14:57, 3 July 2007 (EDT)