EU Law, 2009
Score = 27
Governed by:
- EU law:
Note: With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102 respectively of the TFEU.
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 1 | Private enforcement of Articles 81 and 82 of the EC treaty is mandated and encouraged by the European Commission.[4] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification[5] | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | |
| Restriction of Competition | 1 | ||
| Public Interest (Pro D) | 1 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 82(b) of the EC treaty prohibits limiting production. |
| Abusive Acts | 1 | Article 82 of the EC treaty prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 82(a) of the EC treaty prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 82(c) of the EC treaty prohibits discriminatory conditions. | |
| Resale Price Maintenance | 1 | Article 82(a) of the EC treaty prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 82 of the EC treaty prohibits using predatory pricing to drive competitors from the market[6] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) of the EC treaty prohibits price fixing. |
| Tying | 1 | Article 81(1)(e) of the EC treaty prohibits tying. | |
| Market Division | 1 | Article 81 of the EC treaty prohibits market division[7]
| |
| Output Restraint | 1 | Article 81(1)(b)of the EC treaty prohibits limiting production. | |
| Market Sharing | 1 | Article 81(1)(c)of the EC treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the EC treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the EC treaty prohibits bid-rigging.[8] | |
| Supply Refusal | 1 | Article 81(1)(b) bans refusal to supply. | |
| Efficiency Defense | 1 | Article 81(3)of the EC treaty allows an efficiency defense. |
References
- ↑ available from the EC at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12008E101:EN:NOT
- ↑ available from the EC at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12008E102:EN:NOT
- ↑ Available at http://ec.europa.eu/competition/antitrust/legislation/regulations.html
- ↑ http://ec.europa.eu/comm/competition/antitrust/actionsdamages/files_white_paper/whitepaper_en.pdf
- ↑ The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
- ↑ See the EC antitrust overview, at http://ec.europa.eu/comm/competition/antitrust/overview_en.html
- ↑ Although the wording of the treaty seems to apply to market sharing, the EC also considers market division illegal. See the EU press release at http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/29&format=HTML&aged=0&language=EN&guiLanguage=en
- ↑ Although not explicitly stated in the statute, bid-rigging is considered anti-competitive behavior. See the case involving gas insulated switchgear, at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/80&format=HTML&aged=0&language=EN&guiLanguage=en