User talk:AchalOza
Albania 2003 Public Interest Pro-D
Does this sound like a public interest (or efficiency) defense to you?
2. Commission may not prohibit concentrations where one of the undertakings risks seriously a failure, there is no less anticompetitive alternative to the concentration, when:
a) this undertaking is in such a situation that without the concentration it would exit the market in the near future;
b) there is no serious prospects of reorganizing the activity of this undertaking.
--AchalOza 12:57, 21 June 2007 (EDT)
I'd ask Hylton about this one. This is the case of when there are two firms, and one will perish if it isn't allowed to merge with the other. Not strictly an efficiency defense, because it won't advance technology, the market, etc.
Not public interest, either. Maybe it belongs under "Other."
--JWSchneider 17:42, 21 June 2007 (EDT)
Discussed with Hylton and he said that this "Business Failure" defense should be included as a comment to "Restriction of Trade". Moreover, he suggested refining the definitions so Efficiency Defense is for benefiting economic cost and public interest is for things like international competitiveness, minority ownership, income distribution, unemployment, national security and the environment. We should keep an eye out for what else is included under "Other."
--AchalOza 13:17, 22 June 2007 (EDT)
However, the Albania statute does not include "Restriction of Trade" in their merger assessment. Is it still appropriate to include "Business Failure" as a comment there?
--AchalOza 13:56, 22 June 2007 (EDT)
El Salvador 1997
Note to self: find full Spanish texts and translate into English. Current dataset is built off of secondary sources.
--AchalOza 09:06, 25 June 2007 (EDT)
Hong Kong 1998 Obstacles to Entry
This language sounds like it's a prohibition on setting up obstacles to entry. However, our "obstacles to entry" is only coded under dominance. Do you think it still applies to this?
6(d) - "unfair or discriminatory standards among members of a trade or professional body intended to deny newcomers a chance to enter or contest in the market, and have the effect of impairing economic efficiency or free trade [are prohibited]."
--AchalOza 09:32, 25 June 2007 (EDT)
Hungary 2005 Dom. Efficiency Defense
Does this sound like an efficiency defense to you guys?
21(h) - "[It shall be prohibited to abuse a dominant position, particularly:] to set extremely low prices which are not based on greater efficiency in comparison with that of competitors and which are likely to drive out competitors from the relevant market or to hinder their market entry;"
--AchalOza 12:04, 25 June 2007 (EDT)
India 2003 Public Interest Def.
This statute seems to allows a public interest defense. However, it applies to "monopolistic trade practices" and not to explicitly to merger assessment, do you think it counts?
32. MONOPOLISTIC TRADE PRACTICE TO BE DEEMED TO BE PREJUDICIAL TO THE PUBLIC INTEREST EXCEPT IN CERTAIN CASES.
For the purposes of this Act, every monopolistic trade practice shall be deemed to be prejudicial to the public interest, except where -
(a) such trade practice is expressly authorised by any enactment for the time being in force, or
(b) the Central Government, being satisfied that any such trade practice is necessary -
(i) to meet the requirements of the defence of India or any part thereof, or for the security of the State; or
(ii) to ensure the maintenance of supply of goods and services essential to the community; or
(iii) to give effect to the terms of any agreement to which the Central Government is a party,
by a written order, permits the owner of any undertaking to carry on any such trade practice.
--AchalOza 17:45, 25 June 2007 (EDT)