User talk:AchalOza

Malta 2003 - Merger Efficiency Defense

This looks like a merger efficiency defense.

Article 4(4) - "Concentrations that bring about or are likely to bring about gains in efficiency that will be greater than and will offset the effects of any prevention or lessening of competition resulting from or likely to result from the concentration shall not be prohibited if the undertakings concerned prove that such efficiency gains cannot otherwise be attained, are verifiable and likely to be passed on to consumers in the form of lower prices, or greater innovation, choice or quality of products or services."

--AchalOza 16:56, 11 July 2007 (EDT)

Classic merger efficiency defense! --JWSchneider 16:23, 12 July 2007 (EDT)

Malawi 1998 RTP Efficiency Defense

Efficiency defense? Public interest defense?

Article 44(1) - "The Commission may authorize any act, agreement or understanding which is not prohibited outright by this Act, that is, one which is not necessarily illegal unless abused if that act, agreement or understanding is consistent with the objectives of this Act and the Commission considers that, on balance, the advantage to Malawi outweigh the disadvantages"

--AchalOza 13:01, 12 July 2007 (EDT)

I'd say this counts as an efficiency defense. --JWSchneider 16:24, 12 July 2007 (EDT)

Mauritius 2003 Predatory Pricing

Predatory pricing prohibition?

Article 11(2)(a) - "[It is prohibited to directly or indirectly imposes unfair purchase or selling prices or other unfair trading conditions such as below-cost pricing;"

--AchalOza 08:48, 13 July 2007 (EDT)

Hylton: this is a prohibition on unfair pricing and on predatory pricing. For predatory pricing, it is sufficient for a statute to prohibit a dominant firm from below-cost pricing. --AchalOza 11:02, 13 July 2007 (EDT)

Mauritius 2003 Output Restraint

Is a prohibition against limited production the same thing as output restraint?

Article 11(2)(b) - "[It is prohibited to] limit[] supply, production, markets or technical development to the prejudice of consumers;"

--AchalOza 08:50, 13 July 2007 (EDT)

Hylton: this is for a dominant position, so this would only be limits access. If this was a restrictive trade practice, then it would be coded as output restraint.

--AchalOza 10:26, 13 July 2007 (EDT)

Mauritius 2003 RTP Efficiency Defense

Efficiency defense?

Article 16(b)

"(b) whether the effects of any absence, prevention, restriction or distortion of competition are outweighed by any specific benefits in respect of –

(i) the safety of goods and services;

(ii) the efficiency with which goods are produced, supplied or distributed or services are supplied or made available; or

(iii) the development and use of new and improved goods and services and means of production and distribution . . ."

Mongolia 1994 Merger Assessment - Dominance

This is the only text in the statute that is close to merger assessment. Do you think this would code as Merger Assessment Dominance?

Article 7(1) - "A dominant economic entity is prohibited to buy capital stock or shares of the competitors, to take over their rights and duties, or to crate [sic] jointly a new entity by joining the competitors' stock with purpose to carry out its monopolistic activities in the market."

--AchalOza 11:01, 15 July 2007 (EDT)

Russia 2002 Prison Sentences

The statute provides for imprisonment. However, according to a secondary source, criminal sanctions have never actually been applied. Should it still be coded as a one?

http://www.oecd.org/dataoecd/52/3/33872966.pdf, page 2.

--AchalOza 16:36, 15 July 2007 (EDT)