Estonia/EU, 2006

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Score = 27

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 Scope extends to foreign corporations.[2] §1(2) of the Estonian Competition Act says that the act applies to activity outside of Estonia that restricts competition in Estonia.
Remedies Fines 1 Section 62(3) of the Estonian Competition Act allows the national Competition Board to impose fines for un-remedied competition violations.
Prison Sentences 1 §79 of Estonia’s amended 2004 Competition Act allows prison sentences for criminal violations.
Divestitures 1 Article 7 of CR 1/2003 allows for structural remedies.
Private Enforcement 3rd Party Initiation 1 Section 63 of the Estonian Competition Act (2004 amendment) lists the procedure for filing an application with the national Competition Board.
Remedies Available to 3rd Parties 1 Section 78 of the Estonian Competition Act says that compensation for damages caused by competition violations could be dealt with through civil procedure.
3rd Party Rights in Proceedings 1 Section 67 of the 2001 Estonian Competition Act gave interested 3rd parties rights in proceedings; however, these were repealed in a 2002 amendment (RT I 2002, 82, 480).
Merger Notification Voluntary 0
Mandatory 3 Section 25 of the Estonian Competition Act requires notification of concentrations.
Pre-merger 2 Section 25 of the Estonian Competition Act requires that the notification come within one week of one of the enumerated decisive acts.
Post-merger 0
Merger Assessment Dominance 1 Section 22(2) says that the national Competition Board may prohibits a merger if it would strengthen a dominant position.
Restriction of Competition 1 Section 22(1) of the Estonian Competition Act lists several factors for consideration of a merger application including many related to restriction of competition (for example, barriers to entry and the resultant market position of the concentration).
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.

References

  1. EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.
  3. EC Competition Law, at 97.
  4. Id, at 283.
  5. Id, at 97.