Germany/EU, 2005
Score = 27
Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | §130(2) of the German Competition Act extends the Competition Act to all acts that have an effect in Germany. |
| Remedies | Fines | 1 | §81(1)(1) of the German Competition Act says that the Cartel Authorities may impose administrative fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of CR 1/2003 allows for structural remedies. | |
| Private Enforcement | 3rd Party Initiation | 1 | §32 of the German Competition Act says that 3rd parties may apply to the Cartel Authority to investigate RPM. |
| Remedies Available to 3rd Parties | 1 | §33 of the German Competition Act says that 3rd parties may initiate private suits for damages incurred as a result of a violation of the Competition Act. | |
| 3rd Party Rights in Proceedings | 1 | §54(3) of the German Competition Act allows 3rd parties whose interests will be substantially affected by the decision to be admitted as intervening parties to the proceedings before the Cartel Authority. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §37 of the German Competition Act requires notification of an impending merger to the FCO. | |
| Pre-merger | 2 | §37 of the German Competition Act requires this notification to occur before the merger had been put into effect. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | §36(1) of the German Competition Act says that a merger is permissible unless it strengthens or creates a dominant position. |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 82(b) of the EU Treaty prohibits abuse of a dominant position. |
| Abusive Acts | 1 | Article 82 of the EU Treaty prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 82(a) of the EU Treaty prohibits price setting.
| |
| Discriminatory Pricing | 1 | Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions. | |
| Resale Price Maintenance | 1 | Article 81 of the EU Treaty prohibits minimum resale price restrictions.[2] | |
| Obstacles to Entry | 1 | Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[3] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Articles 81(1)(a) of the EU Treaty prohibits price fixing. |
| Tying | 1 | Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying. | |
| Market Division | 1 | Article 81 of the EU Treaty prohibits customer allocation clauses.[4] | |
| Output Restraint | 1 | Article 81(1)(b) of the EU Treaty prohibits limiting production.
| |
| Market Sharing | 1 | Article 81(1)(c) of the EU Treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the EU Treaty prohibits bid-rigging. | |
| Supply Refusal | 1 | Article 81(1)(b) of the EU Treaty prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) of the EU Treaty allows an efficiency defense. |
References
- ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.