Latvia (May 1, 2004)

Score = 21

Governed by: Competition Law of 4.10.2001 as amended May 1, 2004 (hereinafter referred to as “Competition Act”)

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	§2(9) defines “market participant” for the purposes of this Act as anything that has an effect on competition in Latvia.
Remedies	Fines	1	§12, §14, and §17 allow for imposition of fines for various violations.
	Prison Sentences	0
	Divestitures	1	Divestiture is allowed in the merger context. §16(3) allows the Council to creating binding conditions on merging firms.
Private Enforcement	3rd Party Initiation	1	§22 says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.
	Remedies Available to 3rd Parties	1	§21 says that a company that violates a provision shall cover the losses to other market participants.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	§15 requires pre-merger notification to the Competition Council.
	Pre-merger	2	§15 requires pre-merger notification to the Competition Council.
	Post-merger	0
Merger Assessment	Dominance	1	§16(3) allows the Council to prohibit a merger which will create or strengthen a dominant position.
	Restriction of Competition	1	§16(3) allows the Council to prohibit a merger which will hinder or distort competition.
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	§13(1) lists refusing to enter into transactions as an abuse and §13(2) lists restriction production or market development as an abusive act.
	Abusive Acts	1	§13 prohibits the abuse of a dominant position.
	Price Setting	1	§13(4) lists price setting as an example of abuse.
	Discriminatory Pricing	1	§13(5) lists application of unequal provisions in equivalent transactions as an abuse.
	Resale Price Maintenance	0
	Obstacles to Entry	0
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	§11(1)(1) prohibits price fixing.
	Tying	1	§11(1)(4) prohibits tying arrangements.
	Market Division	1	§11(1)(3) prohibits market division.
	Output Restraint	1	§11(1)(2) prohibits restriction of the scope of production.
	Market Sharing	0
	Eliminating Competitors	1	§11(1)6) prohibits actions which result in another market participant being forced to leave a market.
	Collusive Tendering/Bid-Rigging	1	§11(1)(5) prohibits collusive tendering.
	Supply Refusal	0
	Efficiency Defense	1	§11(2) allows the Council to permit otherwise illegal agreements if they determine that it promotes improvements in the production or sale of goods or economic progress.