Georiga (2005)
Score = 0
Governed by: The Law of Georgia on Free Trade and Competition of 2005. [1][2]
According to the English translations that are currently available, the 2005 competition law eliminates nearly all antimonopoly measures, while introducing new rules for state assistance to Georgian businesses.[3] State assistance may not have anti-competitive effects, but no competition enforcement mechanism appears to have been included.[4]
Article 30, Section 2 of the Georgian Constitution forbids monopolistic activity, except where permitted by law.[5]. There appears to be no law to enforce this prohibition at this time, however.[6]
For now, Georgia plans to avoid any new changes to its competition law, in order to reduce regulatory obstacles to business in its open economy.[7]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| 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 | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
References
- ↑ This law is currently unavailable in English in any official form, however, an unofficial English translation is included in a Comment on the law, at http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf, by the Georgian-European Policy and Legal Advice Center (GEPLAC).
- ↑ This law has also been discussed in "GEPLAC Activities: The Competition Policy in Georgia," Georgian Law Review, vol. 9 #1/2 2006, pp. 5-41. This article is available in English at http://www.geplac.org/files/50258_141_483576_The_%20New_Competition_Policy.pdf.
- ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
- ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
- ↑ Georgia Constitution http://www.parliament.ge/files/68_1944_951190_CONSTIT_27_12.06.pdf
- ↑ http://www.geplac.org/newfiles/reports/Free%20Trade%20and%20Competition,%20Iturriagagoitia.pdf
- ↑ Georgia -- Letter of Intent, Memorandum of Economic and Financial Policies, and Technical Memorandum of Understanding, September 09, 2008. http://www.imf.org/external/np/loi/2008/geo/090908.pdf