EU Law, 2009
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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 | 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[5] | |
| 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[6] | |
| 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.[7] | |
| 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
- ↑ 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