Macedonia (April 1, 2000)
Score = 18
Governed by: Law Against Limiting Competition of 1996 as amended April 1, 2000 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 18 applies some of the provisions of the Act to all activities that affect Macedonian markets. |
| Remedies | Fines | 1 | Article 47 provides some guidelines for fining. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 56(1) allows parties to initiate hearings (parties can be interested 3rd parties) |
| Remedies Available to 3rd Parties | 1 | Article 42 requires those who violate the competition laws to pay damages to injured 3rd parties. | |
| 3rd Party Rights in Proceedings | 1 | Article 56(2) lists those people affected by the decisions as parties and allows them rights in proceedings. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 26(1) requires immediate notification of mergers. | |
| Pre-merger | 2 | Article 26(1) requires immediate notification of mergers. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 28 lists the creation or strengthening of a dominant position as a factor in merger assessment. |
| Restriction of Competition | 1 | Article 28 lists the effects of this dominant position on competition as a factor to consider in merger assessment. | |
| Public Interest (Pro D) | 1 | Article 28(3) allows the commission to allow an otherwise impermissible merger if it has benefits to the public interest. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 25(8) outlaws certain abuses by dominant undertakings. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Article 25(8)(3) lists applying dissimilar conditions as an abusive act. | |
| Resale Price Maintenance | 1 | Article 21 bans resale price maintenance. | |
| Obstacles to Entry | 1 | Article 25(8)(1) lists limiting the competitive potential of another undertaking as an abusive act. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 18 prohibits price fixing. |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 1 | Article 21 bans limiting contracts. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 11 allows cartels that are otherwise illegal for reasons linked to the overall economy and the public interest. |
References
- ↑ Macedonia Monopoly Authority website, http://www.mon.upr.gov.mk/zakoni-ang.htm.