Talk:Index Definitions

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Fines

Should we add language to limit the fines for only the prohibited acts themselves?

Prison Sentences

Add language to limit the prison sentence to not include general perjury type stuff.

Divestiture

Include text for mergers.

Working version: "The law allows the selling of assets or division of the company in response to certain violations. Or the law allows divestiture specifically in the merger context. In that case, the law must allow a merger to be conditioned on certain acts and must allow the agency to force those acts to occur if the firm does not."

3rd Party Initiation =

Comments: A complaint to the competition agency isn't enough, it must commence proceedings. In other words, the law must allow for more than merely a "tip line" to the agency. The complaint must "compel" an investigation.

Remedies to 3rd parties

Can include money or an injunction. Also includes situations where the statute says a 3rd party may seek compensation from a party in violation of the statute.

3rd party rights

We're including appeals.

Voluntary

If voluntary, then default of post-merger

Post-merger

Remove "and then often has the power to invalidate the completed merger"

Merger assessment - dominance

Assessing only dominance or dominance with abusive acts? In other words, if two firms merge to have 90% market share, in the absence of any abuse, will that be banned under "dominance."