Mongolia (May 12, 2000)
Score = 18
Governed by: Law of Mongolia of May 12, 2000 on Prohibiting Unfair Competition.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 18 allows for fines for competition violations. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 14.1.3 allows the Committee to force an abusive, dominant firm to restructure. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 1 | Article 18.1 provides that violators who injure other parties must compensate them. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 15.2 requires all merging companies to register; the Committee's rejection of a merger precludes registration. | |
| Pre-merger | 0 | ||
| Post-merger | 1 | A time frame for the merger notification is not specified in the statute. | |
| Merger Assessment | Dominance | 1 | Article 15.1 bans dominant entities from merging with competitors. |
| Restriction of Competition | 1 | Article 15.3 states that mergers which create dominant parties, thus restricting competition, may be banned. | |
| Public Interest (Pro D) | 1 | Article 5 states that "legitimate monopolies" may exist if they provide a commodity to the public at the lowest social cost. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 6.1.1 bans a dominant party from restricting production to drive prices up. |
| Abusive Acts | 0 | ||
| Price Setting | 1 | Article 6.1.6 prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 6.1.2 prohibits discriminatory pricing. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 6.1.3 prohibits using predatory pricing to create obstacles to entry. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 7.1.1 bans price fixing. |
| Tying | 1 | Article 6.1.5 prohibits tying arrangements | |
| Market Division | 1 | Article 7.1.2 prohibits market division. | |
| Output Restraint | 1 | Article 7.1.1 prohibits limiting production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 6.1.3 prohibits predatory pricing to drive competitors from the market. Article 6.1.9 prohibits a dominant party from demanding that a competitor liquidate his business. | |
| Collusive Tendering/Bid-Rigging | 1 | 7.1.4 bans bid rigging | |
| Supply Refusal | 1 | Article 7.1.6 bans the practice of refusing to sell to third parties. | |
| Efficiency Defense | 0 |
References
- ↑ Statute available from the Mongolian Government, at http://www.pmis.gov.mn/law/english/pdf/unfair_competition.pdf