Guyana
Score = __
Governed by: Competition and Fair Trading Act of 2004 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | Article 48(a): 7(10)(c)(iii) allows Commission to impose fine up to $10 million (Though Article 25(3) allows $25 million fine for abuse of dominant position) | |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | Article 6(b) allows third party to initiate proceedings through Commission | |
| Remedies Available to 3rd Parties | Article 22(2) allows third party to petition Commission to get compensation for damages resulting from violator’s acts | ||
| 3rd Party Rights in Proceedings | |||
| Merger Notification | Voluntary | ||
| Mandatory | |||
| Pre-merger | |||
| Post-merger | |||
| Merger Assessment | Dominance | ||
| Restriction of Competition | |||
| Public Interest (Pro D) | |||
| Public Interest (Pro Authority) | |||
| Other | |||
| Efficiency | |||
| Dominance | Limits Access | Article 24(1)(e) prohibits limiting production. | |
| Abusive Acts | Article 23(1) prohibit abuse of dominant position. | ||
| Price Setting | Article 24(1)(d) prohibits imposition of unfair selling prices | ||
| Discriminatory Pricing | 7(1)g prohibits price discrimination | ||
| Resale Price Maintenance | Article 31(1) prohibits resale price maintenance. | ||
| Obstacles to Entry | Article 24(1)(a) prohibits restriction of entry into market of an enterprise. | ||
| Efficiency Defense | Article 24(1)(e) permits otherwise prohibited behavior if it improves production or distribution of goods or promotes economic progress | ||
| Restrictive Trade Practices | Price Fixing | Article 20(2)(a) prohibits price fixing. | |
| Tying | Article 20(2)(c) prohibits tying. | ||
| Market Division | Article 20(2)(c) prohibits market division. | ||
| Output Restraint | Article 20(2)(b) prohibits the limiting of production. | ||
| Market Sharing | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | Article 20(2)(d) prohibits bid tendering. | ||
| Supply Refusal | Article 39(b) prohibits refusal of supply of goods to other enterprises | ||
| Efficiency Defense | 0 | Article 20(3)(a) allows for considering whether an agreement “contributes to the improvement of production or distribution of goods or services or the promoting of technical or economic progress.” |