Azerbaijan (October 7, 1997)

Score = 21

Governed by: Law of the Azerbaijan Republic about Antimonopoly Activity, Law No. 526 of 1993, amended October 7, 1997.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1
Remedies	Fines	1	Article 17 lists fines as a possible penalty for violation of the Act.
	Prison Sentences	0
	Divestitures	1	Article 15 says that the state can force the division of a company in the case of dominant companies placing significant restrictions on competition.
Private Enforcement	3rd Party Initiation	0
	Remedies Available to 3rd Parties	1	Article 17 says that companies in violation may be required to reimburse losses for violations of the Act.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	Article 13-1 requires pre merger notification when one company is buying more than a 20% share of another.
	Pre-merger	2
	Post-merger	0
Merger Assessment	Dominance	1	Article 13-1 lists the market shares of the merging company as a factor in merger assessment.
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 8 prohibits acts that may limit access to products.
	Abusive Acts	1	Article 8 bans several abusive acts by dominant companies
	Price Setting	1	Article 8(4) prohibits price manipulation.
	Discriminatory Pricing	1	Article 8(7) prohibits discriminatory pricing/conditions.
	Resale Price Maintenance	0
	Obstacles to Entry	1	Article 8(3) prohibits establishing ungrounded barriers to entry.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 10(1) prohibits price setting
	Tying	1	Article 10(1) prohibits tying arrangements.
	Market Division	1	Article 10(1) prohibits market division.
	Output Restraint	1	Article 10(1) prohibits production quotas
	Market Sharing	0
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	1	Article 10(1) prohibits bid rigging.
	Supply Refusal	1	Article 10(1) prohibits supply boycotts.
	Efficiency Defense	0