User talk:Kajrozga

Test (Date) Section

Question

Text

--Kajrozga 11:12, 25 June 2007 (EDT)

Cyprus (1999)

1.)

42.-(1) Where the Commission exercises the powers granted under section 41 and subject to the provisions of section 47, it may, following a study of the relevant reports of the Service, order the dissolution or partial dissolution of a concentration, in order to secure the restoration of the competitive market.

Divestiture = 1 ???

Agreed, this is divestiture. --JWSchneider 15:06, 25 June 2007 (EDT)

Hylton: Agreed.

2.)

4.—(1) Any enterprise agreement having as its object or effect the elimination, restriction or distortion of competition, in particular an agreement which— . . .

RTP: Eliminating Competitors = 1 ???

--Kajrozga 11:46, 25 June 2007 (EDT)

Agreed. This is eliminating competitors. --JWSchneider 15:06, 25 June 2007 (EDT)

Hylton: Agreed.

Czech Republic (2004)

1.)

Article 18

Suspension of implementation of concentrations

(2) Where the Office finds that the undertakings have implemented the concentration without notification of the concentration, it may impose on the undertakings a duty to sell the interests, transfer the enterprise acquired by the concentration or a part thereof, terminate an agreement or take any other measures that may be necessary for restoring effective competition in the relevant market.

Divestiture = 1????

--Kajrozga 11:57, 25 June 2007 (EDT)

Sounds a whole lot like divestiture, and certainly keeps it general enough that the admin bodies might impose it. This is a question for Hylton, I think.

--JWSchneider 15:14, 25 June 2007 (EDT)

Hylton: Agreed.

Cote d'Ivoire (1991)

From a secondary source: SECTION 2: DESCRIPTION OF PRACTICES, ACTIONS AND BEHAVIOUR SUBJECT TO REVIEW

Ivorian legislation distinguishes between practices which result from individual behaviour (restrictive practices) and those which arise from concerted actions (anti-competitive practices).

1. CONCERTED OR ANTI-COMPETITIVE PRACTICES There is a blanket ban on these practices, but exemption may be granted under article 10 in the case of those which arise from the application of a law or regulation or which would generate economic progress for the community as a whole

---Question 1: Seems like this Article 10 efficiency defense only applies to RTPs. Is that how you guys would read it?---

Since this is a secondary source, I'd just interpret it as narrowly as possible. --JWSchneider 15:23, 25 June 2007 (EDT)

1.1. Agreements (article 7 L) Article 7 defines agreements as accords, concerted practices and decisions to associate or collective recommendations emanating from natural or legal persons, public or private.

This article prohibits any concerted action, agreement, alliance or arrangement, express or tacit, which has the purpose of or may have the effect of hampering or limiting free competition, in particular when the action tends to: . . .

---Question 2: RTP: Eliminating Competitors = 1  ????---

--Kajrozga 13:15, 25 June 2007 (EDT)

Def a question for Hylton. Funny how they say "we define agreements as accords." Kind of redundant. --JWSchneider 15:23, 25 June 2007 (EDT)

Hylton: AGREED.

Chile (1973)

Found the primary source on Chile, this is gonna be a bloodbath...

1.)

"Anyone executing or going into individually or collectively any fact, act or convention tending to impede free-competition within the country in economic activities, both in that of internal character and concerning external trade activities, shall be punished with petty imprisonment in any of its degrees."

Question: Extraterritoriality?

I don't think that counts as extraterritoriality, as it requires actions within the state. --AchalOza 07:49, 3 July 2007 (EDT)

Question: Too broad to tabulate "Restriction of Competition" under Mergers?

I think this article's point is to define scope and doesn't specifically talk to merger assessment. --AchalOza 07:49, 3 July 2007 (EDT)

2.)

"To the effects provided in the foregoing article, it will be considered among others, as facts, acts or conventions tending to impede free-competition, the following:

"a. Those referred to production, such as quota distribution, reductions or stagnation of them;" b. Those referred to commerce or distribution, whether wholesaler or retailer, such as quota distribution . . . "

Question: Market Division = 1 ?

Hmmm, I'm not sure what quota distribution counts as. Probably should ask Hylton. --AchalOza 07:49, 3 July 2007 (EDT)

Hylton: Market Sharing = 1 --Kajrozga 22:14, 6 July 2007 (EDT)

"f. Generally, any other measure tending to eliminate, restrict or hindering free-competition."

Question: Eliminating Competitors = 1 ?

Agreed. --AchalOza 07:49, 3 July 2007 (EDT)

"[Empowers a commission to:] 2. To order the modification or dissolution of the companies, corporations and other juridical persons of private law, that have been a party in such acts, contracts, covenants, systems or agreements referred to in the foregoing number; 4. To impose fines for the benefit of the Government up to an amount equivalent to ten thousand tributary units. The fines shall be judiciously regulated according to the working capital or"

Question: Divestiture = 1 ?

Agreed. --AchalOza 07:49, 3 July 2007 (EDT)

[Speaking about monopolies:] "Notwithstanding, the execution or the maintenance of those acts or contracts referred to in the foregoing articles could be authorized, provided that the national interest may require it and that they are necessary for the stability or development of national investments"

Question: Efficiency Defense = 1 ?

Agreed. --AchalOza 07:49, 3 July 2007 (EDT)

"The Preventative Commissions and the Prosecutor's Office to which the foregoing articles referred to, shall receive and investigate, as the case may be, all the accusations made by private individuals in relation to the acts or contracts that may imply an infringement to the rules of the present law."

Question: 3rd Party Initiation = 1 ?

Agreed. --AchalOza 07:49, 3 July 2007 (EDT)

--Kajrozga 12:49, 26 June 2007 (EDT)

Colombia (1992)

A Secondary source states of prohibitions concerning agreements:

"Practices whose purpose or effect is to establish conditions of sale or marketing which are discriminatory visàvis third parties;"

Question 1: What does that sound like? Discriminatory pricing? tying?

Jake: I'd say tying. --JWSchneider 17:28, 9 July 2007 (EDT)

"Practices whose purpose or effect is the assignment, sharing limiting of sources of supply of production inputs;"

Question 2: Is this supply refusal?

"Practices whose purpose or effect is the assignment, sharing or limiting of sources of supply of production inputs;" Question 3: Market Division? Supply refusal?

Jake: I say this is BOTH market division and supply refusal. --JWSchneider 17:28, 9 July 2007 (EDT)

Canada (2000)

Ladies the gentlemen, the antitrust super-statute:

"Any person who has suffered loss or damage as a result of

a) conduct that is contrary to any provision of Part VI, or

b) the failure of any person to comply with an order of the Tribunal or another court under this Act,

may, in any court of competent jurisdiction, sue for and recover from the person who engaged in the conduct or failed to comply with the order an amount equal to the loss or damage proved to have been suffered by him, "

Question 1: 3rd Party Initiation + Remedies available to 3rd party?

Jake: I think both of these apply. --JWSchneider 17:34, 9 July 2007 (EDT)

"Every one who conspires, combines, agrees or arranges with another person:

to prevent, limit or lessen, unduly, the manufacture or production of a product or to enhance unreasonably the price thereof,"

Question 2: RTPs - Price setting ?

Jake: Not price-setting, but looks a lot like supply refusal or limiting - anything that would artificially cause greater demand. --JWSchneider 17:34, 9 July 2007 (EDT)

"No person who is engaged in the business of producing or supplying a product, who extends credit by way of credit cards or is otherwise engaged in a business tha t relates to credit cards, or who has the exclusive rights and privileges conferred by a patent, trade-mark, copyright, registered industrial design or registered integrated circuit topography, shall, directly or indirectly,

a) by agreement, threat, promise or any like means, attempt to influence upward, or to discourage the reduction of, the price . . .

For the purposes of this section, a suggestion by a producer or supplier of a product of a resale price or minimum resale price . . . proof of an attempt to influence the person to whom the suggestion is made in accordance with the suggestion.?

Question 3: This sounds like resale price maintenance, but there's all that stuff about credit cards, etc. What do you gents think?

Hylton: It's broad enough to be coded as RPM.

"(a) squeezing, by a vertically integrated supplier, of the margin available to an unintegrated customer who competes with the supplier, for the purpose of impeding or preventing the customer's entry into, or expansion in, a market;

(b) acquisition by a supplier of a customer who would otherwise be available to a competitor of the supplier, or acquisition by a customer of a supplier who would otherwise be available to a competitor of the customer, for the purpose of impeding or preventing the competitor's entry into, or eliminating the competitor from, a market;"

Question 4: Obstacles to entry?

Jake: Obstacles to entry for sure. --JWSchneider 17:34, 9 July 2007 (EDT)

"(e) pre-emption of scarce facilities or resources required by a competitor for the operation of a business, with the object of withholding the facilities or resources from a market"

Question 5: Limits Access?

Jake: Yup. --JWSchneider 17:34, 9 July 2007 (EDT)

"For the purpose of this section, the Tribunal shall not find that a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially solely on the basis of evidence of concentration or market share."

Question 6: This implies that it does consider "dominance" in the merger calculus. So should I code "dominance" as a "1"?

Jake: Yeah, it considers it, then dismisses it. I'd ask Hylton about this one. --JWSchneider 17:34, 9 July 2007 (EDT)

"In determining, for the purpose of section 92, whether or not a merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, the Tribunal may have regard to the following factors:

(a) the extent to which foreign products or foreign competitors provide or are likely to provide effective competition to the businesses of the parties to the merger or proposed merger;" (b) whether the business, or a part of the business, of a party to the merger or proposed merger has failed or is likely to fail;"

Question 7: part (a) is "international competitiveness", which should mean that "Public Interest - Pro Defendant" will be coded as a "1" under Mergers?

Jake: Part (a) is national champion language. You're right. --JWSchneider 17:34, 9 July 2007 (EDT)

Question 8: part (b) is "business failure," which means "Other" will be coded "1"

Jake: Yep. --JWSchneider 17:34, 9 July 2007 (EDT)

China (1993, 1997)

"Article 38: Government price departments shall establish a system for reporting acts of violation of the price law.

Any unit or individual has the right to report acts of violation of price law and the government price departments shall encourage such reporting and undertake to keep secret what concerns concerning the reporters."

Question 1: 3rd Party intitiation?

"An operator shall not sell its or his goods at a price that is below the cost for the purpose of excluding its or his competitors."

Question 2: Dominance - Price setting?

"Article 14: Business operators must not act whatsoever in the following ways to effect abnormal price behaviors:

1. To work collaboratively with others to control market prices to great detriments to the lawful rights and interests of other business operators or consumers;"

Question 3: RTPs - Price setting?

Cameroon (1998)

Section 16: The following factors shall be taken into account in the appreciation of the anticompetitive nature of a merger or an acquisition:

- obstacles to the entry of new competitors into the market, notably tariff and non-tariff barriers on imports;

- the degree of competition between the autonomous decision-making centres in the market;

- the eventuality of the disappearance from the market of an enterprise which is party to the merger or acquisition, or the assets transferred.

Question 1: As to the second element, "Other" under Merger Assessment (business failure)?

Agreed, looks like a business failure defense. You might want to mention this one to Hylton so he'll know there are more statutes with this defense. --AchalOza 15:29, 8 July 2007 (EDT)

Question 2: The original coder had cited this Article for "Dominance" under Merger Assessment. Do you guys see this anywhere in this article? Otherwise, I'm coding it as a "0".

I'm not sure, maybe the "degree of competition" is a reference to dominance? --AchalOza 15:29, 8 July 2007 (EDT)

Costa Rica

"... this law prohibit and penalize public and private monopolies and monopolistic practices that impede or restrain competition, access of competitors to markets or removal of competitors from markets... (Article 10)"

Question 1: Would restricting a competitor's access to markets or removal of competitors from markets be forms of "obstacles to entry"?

Hylton: Agreed.

"The law defines total monopolistic practices as acts, contracts, agreements, understandings, or cooperation among competing economic agents for any of the following purposes: . . . b) establishing the obligation to produce, process, distribute, or sell a set or limited quantity of goods or provide a restricted or limited frequency, volume, or number of services;

Question 1: "limits access" = 1???

"Partial monopolistic practices shall be considered those involving acts, contracts, agreements, understandings, or cooperation whose effect is or could be improper displacement of other economic agents from the market, substantial impediment to their market access, or the establishment of exclusive advantage for one or several persons in the following cases: b) the setting of prices to other terms a distributor or provider must comply with when selling or distributing goods or providing services;"

Question 1: Would we cross-code "tying" in this situation? They say it only applies to "partial monopolistic practices," but in defining that term, it basically describes RTPs.

Question for hylton on 3rd party initiation:

"When a complaint is received or on its own initiative, the Technical Support Unit makes a preliminary investigation of the facts in order to determine if there is reasonable evidence to show that a party has engaged in a practice prohibited by Law, such as to justify the initiation of administrative proceedings. After its investigation, the Unit presents a report to the Commission with its recommendation. This report must include an analysis of such aspects as the legal standing of the complainant, observance of the minimum requirements established in the General Law of Public Administration, and the items of evidence submitted. (Article 34 of the Regulations).

If the Commission determines from its initial analysis that none of the indicated situations exists, or there is insufficient evidence of them, it shall reject the complaint and close the case. If it finds to the contrary, the Commission shall order an administrative trial based on the result of the investigation, to be carried out by the Technical Support Unit. (Article 35 of the Regulations)."

Question 1: This sounds like a complaint requires a mandatory investigation by the commission. This is more than just a "tip line".

Hylton: This is a formal complaint system, so YES, this would be 3rd party initiation.

Sweden (2001)

"(2) A concentration shall be prohibited, if:

2. if a prohibition can be issued without significantly setting aside national security or essential supply interests. Act (2000:88). "

Question 1: How would you code this? They are considering national security before prohibiting a concentration, so would this be "public interest (Pro Defendant)"? --Kajrozga 18:47, 7 July 2007 (EDT)

"(1) If it is sufficient to eliminate the adverse effects of a concentration, a party to a concentration, instead of being subject to a prohibition pursuant to Article 34 a, may instead be required:

1. to divest an undertaking, or a part of an undertaking, or"

Question 1: Divestiture?

--Kajrozga 18:47, 7 July 2007 (EDT)

Croatia (2003)

"3) Where the Agency considers that the implementation of the concentration concerned could have as its effect considerable prevention, restriction or distortion of competition in the relevant market, it shall order the initiation of the proceedings for the purpose of evaluating the compatibility of the concentration concerned, and within three months following the day of the procedural order on instituting the proceedings, render its decision: ... 3. by which the concentration concerned is evaluated as conditionally compatible, provided that certain measures are observed and conditions met . . ."

Question 1: Jake once asked a question about this kind of "conditions" language in relation to "divestitures." What did hylton say?

Hylton: NO. Conditional merger is not enough for divestiture.

--Kajrozga 19:14, 8 July 2007 (EDT)

"(2) By the decision referred to in paragraph (1) of this Article, the Agency may, in particular: 1. order for the shares or share capital acquired to be transferred or divested;"

Question 1: Divestiture = 1?

--Kajrozga 19:18, 8 July 2007 (EDT)

"The Agency shall, in exceptions, not institute the proceedings in the sense of paragraph (1) of this Article, if it finds that the related activity in the market . . . has insignificant effect on development and maintenance of efficient competition, i.e. that the initiation of such proceedings is not in the public interest."

Question 1: It's talking in a very general sense, but it sounds like a public interest defense. This is too broad to code under any particular category, right?

--Kajrozga 21:11, 8 July 2007 (EDT)

Greece (2000)

"1. The following shall be prohibited: all agreements between undertakings, all decisions by associations of undertakings and concerted practices of whatsoever kind, which have as their object or effect the prevention, restriction or distortion of competition, and in particular those which:

d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby impeding competition in particular by refusing without valid justification to sell, purchase or conclude any other transaction;

Question 1: First bolded party seems like RTPs- "restrict competition"?

Question 2: It's not clear about whom you can't refuse to sell to. It seems like it's just an example of a type of "price discrimination." I'm leaning towards NOT coding this as "supply refusal" under RTPs. What do you guys think?

--Kajrozga 21:18, 8 July 2007 (EDT)

Poland (2000)

Question 1: Are we cross-coding "price discrimination" if we find it under RTPs but not dominance? If we are, then NOTE TO SELF: Article 5 (4) should be used to code price discr. under Dominance.

"[Prohibited acts by dominant firm:] 3) application in similar transactions with third parties onerous or not homogenous contract terms, thus creating for these parties diversified conditions of competition,"

Question 1: Price Discrimination?

Under prohibited Dominance activities, the statute lists: "8) division of market according to territorial, product, or entity-related criteria." This is clearly market division, which is in our data set under RTPs. Ask Hylton if we should cross-code this w/ RTPs? An alternative is to mark it under "obstacles to entry" under Dominance, instead.

--Kajrozga 13:12, 9 July 2007 (EDT)