EU Law, 2009
Score = 29
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 | 1 | Council Regulation 1/2003 (Chapter VI, Articles 23 and 24) |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 8(4) of Regulation 139/2004 (EC Merger Regulation). | |
| Private Enforcement | 3rd Party Initiation | 1 | Council Regulation 1/2003 (Chapter III, Article 7(2)) |
| 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 | 1 | Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38) | |
| Merger Notification[5] | Voluntary | 0 | |
| Mandatory | 3 | Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004. | |
| Pre-merger | 2 | Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3) |
| Restriction of Competition | 1 | EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3) | |
| Public Interest (Pro D) | 1 | EC Merger Control Regulation 139/2004, Article 2(1)(b) | |
| Public Interest (Pro Authority) | 0 | EC Merger Control Regulation 139/2004, Article 2(1)(b) | |
| Other | 0 | ||
| Efficiency | 0 | Preamble to EC Merger Control Regulation 139/2004 | |
| Dominance | Limits Access | 1 | Article 102(b) of the TEFF prohibits limiting production. |
| Abusive Acts | 1 | Article 102 of the TEFF prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 102(a) of the TEFF prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 102(c) of the TEFF prohibits discriminatory conditions. | |
| Resale Price Maintenance | 1 | Article 102(a) of the TEFF prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 102 of the TEFF prohibits using predatory pricing to drive competitors from the market[6] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 101(1)(a) of the TEFF prohibits price fixing. |
| Tying | 1 | Article 101(1)(e) of the TEFF prohibits tying. | |
| Market Division | 1 | Article 101 of the TEFF prohibits market division[7] | |
| Output Restraint | 1 | Article 101(1)(b)of the TEFF prohibits limiting production. | |
| Market Sharing | 1 | Article 101(1)(c)of the TEFF prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 101(1) of the TEFF prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 101 of the TEFF prohibits bid-rigging.[8] | |
| Supply Refusal | 1 | Article 101(1)(b) bans refusal to supply. | |
| Efficiency Defense | 1 | Article 101(3)of the TEFF 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