Albania (December 7, 1995)

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Score = 24

Governed by: Law No. 8044 on Competition, came into force December 7, 1995. [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Art. 2 extends scope beyond Albania
Remedies Fines 1 Art. 67 discusses potential fines
Prison Sentences 1 Art.68 imposes penal responsibility in certain cases
Divestitures 1 Art. 5 mandates splitting of dominant companies
Private Enforcement 3rd Party Initiation 1 Art. 62(1) allows 3rd party initiation
Remedies Available to 3rd Parties 1 Art. 62(1), 63(2) provide various possible remedies
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Art. 9 requires clearance from the competition dept.
Pre-merger 2 Art. 9 requires advance notice
Post-merger 0
Merger Assessment Dominance 1 Art. 10 considers dominant position
Restriction of Competition 1 Art. 10 considers effect on competition
Public Interest (Pro D) 1 Art. 10 considers factors that would benefit the public
Public Interest (Pro Authority) 0
Other 1 Art. 10 considers effect on competitors abroad
Efficiency 0
Dominance Limits Access 1 Art. 41(2) prohibits restricting production
Abusive Acts 1 Art. 41(1) prohibits exploiting a dominant position
Price Setting 0
Discriminatory Pricing 1 Art. 41(2) prohibits discriminatory pricing
Resale Price Maintenance 1 Art. 19(1) prohibits dictating terms for interaction with 3rd parties
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Art. 16(a) prohibits price setting
Tying 1 Art. 20(c), Art. 41(2) prohibit tying
Market Division 1 Art. 16(b) prohibits assigning customers
Output Restraint 1 Art. 16(c) prohibits restricting production
Market Sharing 1 Art. 16(b), Art. 20(e) prohibit market sharing
Eliminating Competitors 1 Art. 39(1) prohibits manipulating price to reduce competition
Collusive Tendering/Bid-Rigging 1 Art. 16(b) prohibits dividing drawing up quotations
Supply Refusal 1 Art. 20(b) prohibits restricting freedom to purchase
Efficiency Defense 1 Art. 20(f) implies some form of efficiency defense

References

  1. World Intellectual Property Organization (WIPO) Website, http://www.wipo.int/clea/docs_new/en/al/al005en.html