Burkina Faso 1994
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Score = 15
Governed by: Loi 15/94 du mai 1994 portant organisation de la concurrence au Burkina Faso. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | |
| Remedies | Fines | 1 | Articles 53-65 impose fines and imprisonment for violations of the Act. |
| Prison Sentences | 1 | Articles 53-65 impose fines and imprisonment for violations of the Act. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 52 allows anybody injured by violations to bring a civil suit. |
| Remedies Available to 3rd Parties | 1 | Article 52 allows anybody injured by violations to bring a civil suit. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 |
| |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 6 prohibits dominant firms from limiting access to the market. |
| Abusive Acts | 1 | Article 6 prohibits abusive acts by dominant firms. | |
| Price Setting | 1 | Article 6 prohibits setting prices | |
| Discriminatory Pricing | 1 | Article 6 prohibits dominant firms from discriminatory pricing. | |
| Resale Price Maintenance | 1 | Article 9 prohibits RPM | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 8 provides an efficiency defense for article 6 violations. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 1 prohibits setting prices |
| Tying | 1 | Article 14 prohibits tying. | |
| Market Division | 1 | Article 5 prohibits market division. | |
| Output Restraint | 1 | Article 5 prohibits output restraint | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 5 prohibits limiting the exercise of competition by other companies. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 8 provides an efficiency defense for article 6 violations. |
References
- ↑ Available at, http://www.artel.bf/Concurrence.html (self translation).