Albania (July 28, 2003)

Score = 21

Governed by: Law No. 9121, dated July 28, 2003 On Competition Protection.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Art. 2(1)(b) extends scope beyond Albania
Remedies	Fines	1	Art. 73-78 provide for fines
	Prison Sentences	0
	Divestitures	1	Art. 62(1) allows divestiture
Private Enforcement	3rd Party Initiation	1	Art. 65(1) allows 3rd party civil proceedings
	Remedies Available to 3rd Parties	1	Art. 65(1)(a),(b) provides for remedies to 3rd parties
	3rd Party Rights in Proceedings	1	Art. 47(1) invites 3rd parties to intervene
Merger Notification	Voluntary	0
	Mandatory	3	Art. 74(1) provides for fines if no notification given
	Pre-merger	2	Art. 14(1) requires pre-merger notification.
	Post-merger	0
Merger Assessment	Dominance	1	Art. 13(1) considers dominant position
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	1	Art. 13(2)(a) provides a business failure defense for a firm that would exit the market in the near future if the merger does not take place.
	Efficiency	0
Dominance	Limits Access	1	Art. 9(2)(b) prohibits limiting production, markets
	Abusive Acts	1	Art. 9(1) prohibits abuse of dominant position
	Price Setting	1	Art. 9(2)(a) prohibits price setting
	Discriminatory Pricing	1	Art. 9(2)(c) prohibits discriminatory pricing
	Resale Price Maintenance	0
	Obstacles to Entry	1	Art. 9(2)(d) prohibits preventing entry
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Art. 4(1)(a) prohibits price fixing
	Tying	1	Art. 4(1)(d) prohibits tying
	Market Division	0
	Output Restraint	1	Art. 4(1)(b) prohibits limiting or controlling production, markets
	Market Sharing	1	Art. 4(1)(c) prohibits market sharing
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	0
	Efficiency Defense	1	Art. 5(1), Art. 6(1) allow for efficiency defense