Jersey Channel Islands 2005
Score = 20
Governed by: Jersey Competition Law of 2005, effective November 1, 2005. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 1 defines “company” as any body incorporated in any part of the world |
| Remedies | Fines | 1 | Article 39 provides for financial penalties |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 38(3)(c) allows divestitures | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 51 allows for initiation of civil suits |
| Remedies Available to 3rd Parties | 1 | Article 51(3) allows for damages | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 20(2) requires approval for merger to be effective | |
| Pre-merger | 2 | Article 20 requires pre-clearance | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 22(4) considers effect of merger on competition | |
| Public Interest (Pro D) | 1 | Article 23 allows for a public interest defense | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 16(2)(b) prohibits limiting markets |
| Abusive Acts | 1 | Article 16(1) prohibits abuse of a dominant position | |
| Price Setting | 1 | Article 16(2)(a) prohibits price setting | |
| Discriminatory Pricing | 1 | Articles 8(2)(d) and prohibit discriminatory pricing | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 18 allows for the an efficiency defense | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 8(2)(a) prohibits price fixing |
| Tying | 1 | Articles 8(2)(e) and 16(2)(d) prohibit tying | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 8(2)(b) prohibits limiting production | |
| Market Sharing | 1 | Article 8(2)(c) prohibits market sharing | |
| Eliminating Competitors | 1 | Article 8(1) prohibits arrangements that restrict competition | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Article 8(2)(b) prohibits limiting or controlling markets | |
| Efficiency Defense | 1 | Article 9 allows for an efficiency defense |