User talk:JWSchneider

Jordan 2004 - RTP - Tying

It's tying under dominance, but do we mark it under RTP?

6(G) - G- Tying the sale of a product or the provision of a service to the purchase of another or others or the purchase of a limited amount or a request for the provision of another service.

Hylton: YES. --JWSchneider 10:41, 9 July 2007 (EDT)

Jordan 2004 - RTP - Supply Refusal

Again, under dominance. Does it count?

6(F) - F- Refusing, without objective grounds, to deal with a particular customer under the usual commercial conditions.

Hylton: Limiting access. --JWSchneider 10:41, 9 July 2007 (EDT)

Jordan 2004 - Efficiency Defenses for dominance and RTP

Efficiency defense?

7(B) and (C)

B- Practices and arrangements exempted by the Minister from the application of Articles 5 and 6 of this Law by a reasoned decision on the basis of a recommendation of the Director shall not be considered anti-competitive if they lead to positive results, with a common benefit that cannot be achieved without this exemption, including the improvement of the competitive ability of Enterprises, or production or distribution systems, or providing certain benefits to the consumer.

C- The Minister may apply the exemptions referred to in paragraph (B) above to a class of practices or conditions of contract or to practices or arrangements or conditions of contract of particular Enterprises, provided that such Enterprises shall request to be granted this exemption in accordance with a form adopted by the Minister for that purpose.

Agreed.--Kajrozga 13:01, 9 July 2007 (EDT)

Jordan 2004 - Merger Assessment - Dominance

Looks like only mergers that result in dominance are examined by the gov't

9(B) - The accomplishment of economic concentration operations impacting the level of competition in the market by causing or enforcing a Dominant Position shall depend upon receiving the approval of the Minister in writing, if the total share of the Enterprise or Enterprises concerned in the economic concentration operation exceeds 40% of the total transactions in the market.

Article 10 A- Enterprises wishing to carry out economic concentration operations which fall within the ambit of paragraph (B) of Article 9 of this Law shall submit a petition in this regard to the Directorate, on the form adopted by the Ministry, within thirty days ...

Agreed. Definitely looks like market share of acquiring company is taken into account in merger assessment. --Kajrozga 13:00, 9 July 2007 (EDT)

Jordan 2004 - Merger assessment

Do we have a public interest defense here??

11(A)- The Minister may, upon recommendation of the Director, issue a reasoned decision regarding petitions submitted by virtue of the provisions of Article 10 hereof as follows:

1- Approve the economic concentration operation if it does not negatively impact competition, or has positive economic benefits that outweigh any negative impact on competition, such as leading to a lowering of the price of services or products, or providing employment opportunities, or encouraging exports or attracting investment, or supporting the ability of national Enterprises to compete internationally.

Hylton: Public interest (pro consumer) and efficiency. National champion goes under public interest (pro-D). --JWSchneider 10:44, 9 July 2007 (EDT)

Jamaica 2001 - 3rd party remedies

Does this count?

48. (1) Every person who engages in conduct which constitutes— (a) a contravention of any of the obligations or prohibitions imposed in Parts III, IV, VI or VII; (b) aiding, abetting, counselling or procuring the contravention of any such provision; (c) inducing by treats, promises, or otherwise the contravention of any such provision; (d) being knowingly conceived in or party to any such contravention; or (e) conspiring with any other person to contravene any such provision, is liable in damages for any loss caused to any other person by such conduct. (2) An action under subsection (1) may be commenced at any time within three years from the time when the cause of action arose.

I'd double check with hylton, though i agree with you. --Kajrozga 12:58, 9 July 2007 (EDT)

Jersey, Channel Islands - Generally

This is not a recognized country by the US state department. It's an independent - non-European, non-British - nation, owned by the English Crown.

Jersey, Channel Islands - Merger public interest defense

Efficiency? Public interest?

23 Exemption by Committee on grounds of public policy (Part 4) (1) The Committee may, after consulting the Authority, exempt a merger or acquisition of a type prescribed by an Order made under Article 20(3) from the requirement that it be approved by the Authority before execution. (2) The Committee shall not do so unless it is has satisfied itself that there are exceptional and compelling reasons of public policy that make it desirable to do so. (3) When, in accordance with paragraph (1), the Committee consults the Authority on a proposed exemption – (a) the Authority must publish the advice it gives to the Committee; and (b) the Committee must publish its reasons for granting or refusing to grant the exemption, as the case may be.

--JWSchneider 16:09, 11 July 2007 (EDT)

The rule we're using is default to efficiency defense unless the statute explicitly talks about "public interest", right? I think "public policy" is close enough to "public interest" to make this a public interest defense, but you should probably ask Hylton.

--AchalOza 09:27, 12 July 2007 (EDT)