Latvia/EU, 2004
Score = 26
Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of CR 1/2003 allows for structural remedies. Under the Latvian Competition Act, divestiture is allowed in the merger context, and §16(3) allows the Council to creating binding conditions on merging firms. | |
| Private Enforcement | 3rd Party Initiation | 1 | CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority. Section 22 of the Latvian Competition Act says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.[2] |
| Remedies Available to 3rd Parties | 1 | CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages. Also, §21 of Latvia’s Competition Act of 4.10.2001, as amended May 1, 2004, says that a company that violates a provision shall cover the losses to other market participants. | |
| 3rd Party Rights in Proceedings | 1 | Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §15 of the Latvian Competition Act requires pre-merger notification to the Competition Council. | |
| Pre-merger | 2 | §15 of the Latvian Competition Act requires pre-merger notification to the Competition Council. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | §16(3) of the Latvian Competition Act allows the Council to prohibit a merger which will create or strengthen a dominant position. |
| Restriction of Competition | 1 | §16(3) of the Latvian Competition Act allows the Council to prohibit a merger which will hinder or distort competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 82(b) of the EU Treaty prohibits abuse of a dominant position. |
| Abusive Acts | 1 | Article 82 of the EU Treaty prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 82(a) of the EU Treaty prohibits price setting.
| |
| Discriminatory Pricing | 1 | Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions. | |
| Resale Price Maintenance | 1 | Article 81 of the EU Treaty prohibits minimum resale price restrictions.[3] | |
| Obstacles to Entry | 1 | Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[4] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Articles 81(1)(a) of the EU Treaty prohibits price fixing. |
| Tying | 1 | Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying. | |
| Market Division | 1 | Article 81 of the EU Treaty prohibits customer allocation clauses.[5] | |
| Output Restraint | 1 | Article 81(1)(b) of the EU Treaty prohibits limiting production.
| |
| Market Sharing | 1 | Article 81(1)(c) of the EU Treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the EU Treaty prohibits bid-rigging. | |
| Supply Refusal | 1 | Article 81(1)(b) of the EU Treaty prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) of the EU Treaty allows an efficiency defense. |