Estonia (October 1, 1998)
Score =
Governed by: Competition Act of 11 March 1998, enterred into force 1 October 1998 (RT1 I 1998, 30, 410) (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Section 1(2) states that the Act applies to conduct abroad that effects competition within Estonia
|
| Remedies | Fines | 1 | Section 43(2) allows for the imposition of fines for failing to follow Competition Authority directives.
|
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Section 39(1) forces the Competition Authority to initiate a proceeding upon a 3rd party complaint, as long as the alleged anti-competitive act is within the scope of the Act. |
| Remedies Available to 3rd Parties | 1 | §48 says that compensation for damages caused by violations of the Act could be dealt with through civil procedure. | |
| 3rd Party Rights in Proceedings | 1 | Section 40(2) allows any affected undertaking to "present its position" before an adverse ruling is made. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Section 27(1) requires merger notification. | |
| Pre-merger | 2 | Section 27(1) required merger notification pre-merger. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Section 14(2) prohibits a dominant firm from "limiting production" |
| Abusive Acts | 1 | Section 14 prohibits abusive conduct by a dominant firm. | |
| Price Setting | 1 | Section 14(1) prohibits price fixing by a dominant firm. [2] | |
| Discriminatory Pricing | 1 | Secton 14(3) prohibits discriminating prices. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §4(1)(1) prohibits price fixing |
| Tying | 1 | §4(1)(7) prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | §4(1)(2) prohibits limiting production and service. | |
| Market Sharing | 1 | §4(1)(3) prohibits market sharing. | |
| Eliminating Competitors | 1 | §4(1)(4) prohibits agreements that restrict entry into the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Section 14(7) prohibts collusive bid tendering. | |
| Supply Refusal | 1 | Section 14(6) prohibits an "unjustified refusal to sell goods to another undertaking" | |
| Efficiency Defense | 1 | Section 6 allows an agreement that "contributes to improving the supply of services or production or distribution of goods . . . or economic progress." |