Barbados 2002
Score = 26
Governed by: Barbados Fair Competition Act – Chapter 326C. [1][2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 13 says that the prohibited trade practices are results oriented. |
| Remedies | Fines | 1 | Several of the Articles (including 7 and 8) allow fines and imprisonment for certain offenses. |
| Prison Sentences | 1 | ||
| Divestitures | 1 | Article 20(8) allows the Commission to require divestitures for impermissible mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 36(1) allows any person aggrieved to file an appeal to a Judge. |
| Remedies Available to 3rd Parties | 1 | Article 37(c) allows injured parties to receive compensation. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 20(2) requires pre-merger notification. | |
| Pre-merger | 2 | Article 20(2) requires pre-merger notification | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 20(7) requires the Commission to look at the market share and degree of control over the market of the companies applying to merge. |
| Restriction of Competition | 1 | Article 20(6) requires the Commission to take restrictions on competition into account in merger assessment.
| |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 1 | Article 20(7)(d) allows the Commission to look at the affect of the merge on consumers. | |
| Other | 0 | ||
| Efficiency | 1 | Article 21(1)(a) allows mergers that are likely to bring about gains in efficiencies. | |
| Dominance | Limits Access | 1 | Article 16(3)(g) prohibits market restriction. |
| Abusive Acts | 1 | Article 16 prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 6(1)(e) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 6(1)(e) prohibits price discrimination | |
| Resale Price Maintenance | 1 | Article 24 prohibits RPM. | |
| Obstacles to Entry | 1 | Article 16(3)(a) prohibits the creation of obstacles to entry. | |
| Efficiency Defense | 1 | Article 16(4) provides an efficiency defense. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 13(3)(a) prohibits price fixing. |
| Tying | 1 | Article 13(3)(f) prohibits tying arrangements. | |
| Market Division | 1 | Article 13(3)(c) prohibits market division. | |
| Output Restraint | 1 | Article 13(3)(b) prohibits limiting market production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 13(3)(d) prohibits collusive tendering. | |
| Supply Refusal | 1 | Article 6(1)(b) prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 13(4) supplies a defense for efficiency. |
References
- ↑ Barbados Department of Commerce website, http://www.commerce.gov.bb/Legislation/Documents/Fair%20Competition%20Act,%20Cap%20326C.pdf
- ↑ While the statute was passed in 2002, it only came into effect in January of 2003.