Cote d'Ivoire (December 27, 1991)
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Score = 12
Governed by: Law No. 91-999 of 27 December 1991 on Competition. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 18 allows the Minister of Trade to impose monetary penalties. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 34 allows the commission to break up a merged company that restricts competition. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 1 | Article 34 says that notification is voluntary. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 1 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 34 allows the commission to ban any merger that is likely to jeopardize competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 8 prohibits refusing access to production. |
| Abusive Acts | 1 | Article 8 prohibits the abuse of a dominant position. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Article 8 prohibits discriminatory sales conditions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 7 prohibits price fixing agreements. |
| Tying | 1 | Article 30 prohibits tying arrangements. | |
| Market Division | 1 | Article 7 prohibits market division. | |
| Output Restraint | 1 | Article 7 prohibits output restraint. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 7 prohibits agreements that seek or have the effect of hampering or limiting free competition. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 10 offers an efficiency defense for anti-competitive practices. |
References
- ↑ Taken from excerpts on Cote d’Ivoire’s Competition Law in a report for the United Nations Conference on Trade and development of 24 November 1997, available at, http://www.unctad.org/en/docs/c2emd11.pdf