Kyrgystan (April 15, 1994)
Score = 24
Governed by: Law of the Kyrgyz Republic on Restriction of Monopolistic Activities, Development and Protection of Competition, dated April, 1994. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Art. 2 extends scope to foreign companies conducting business within Kyrgyz markets |
| Remedies | Fines | 1 | Art. 11 allows for fines |
| Prison Sentences | 1 | Art. 11 allows for criminal proceedings | |
| Divestitures | 1 | Art. 18 allows for divestitures | |
| Private Enforcement | 3rd Party Initiation | 1 | Art. 22(2) allows for 3rd party civil suits |
| Remedies Available to 3rd Parties | 1 | Art. 22(2) allows for 3rd party recovery | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Art. 15 requires petitioning antimonopoly authority | |
| Pre-merger | 2 | Art. 15 requires advance consent | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Art. 15(3) considers dominant position |
| Restriction of Competition | 1 | Art. 15(3) considers limiting competition | |
| Public Interest (Pro D) | 1 | Art. 15(3) allows for public interest defense | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Art. 15(3) allows for efficiency defense | |
| Dominance | Limits Access | 1 | Art. 6(1) prohibits limiting supply |
| Abusive Acts | 1 | Art. 6(1) prohibits dominant acts that infringe on the interests of others generally | |
| Price Setting | 1 | Art. 6(1) prohibits price setting | |
| Discriminatory Pricing | 1 | Art. 6(1) prohibits discriminatory pricing | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Art. 6(1) prohibits creating obstacles to the market | |
| Efficiency Defense | 1 | Art. 6(2) allows for an efficiency defense | |
| Restrictive Trade Practices | Price Fixing | 1 | Art. 7(1) prohibits price fixing |
| Tying | 1 | Art. 6(1) prohibits tying | |
| Market Division | 1 | Art. 7(1) prohibits market division | |
| Output Restraint | 0 | ||
| Market Sharing | 1 | Art. 7(1) prohibits dividing a market based on buyers | |
| Eliminating Competitors | 1 | Art. 7(1) prohibits eliminating economic agents from the market | |
| Collusive Tendering/Bid-Rigging | 1 | Art. 7(1) prohibits collusive tendering, bid rigging | |
| Supply Refusal | 1 | Art. 7(1) prohibits supply refusal | |
| Efficiency Defense | 1 | Art. 7(3) allows for an efficiency defense |
References
- ↑ Kyrgyz Competition Authority website, http://www.kyrgyzpatent.kg/russian/legislation/zakon/ogr_mon_deit.htm (own translation)