Guyana (2004)
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Score = 15
Governed by: Competition and Fair Trading Act of 2004 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 48(a): 7(10)(c)(iii) allows Commission to impose fine up to $10 million (Though Article 25(3) allows $25 million fine for abuse of dominant position) |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 6(b) allows third party to initiate proceedings through Commission |
| Remedies Available to 3rd Parties | 1 | Article 22(2) allows third party to petition Commission to get compensation for damages resulting from violator’s acts | |
| 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 24(1)(e) prohibits limiting production. |
| Abusive Acts | 1 | Article 23(1) prohibits abuse of dominant position. | |
| Price Setting | 1 | Article 24(1)(d) prohibits imposition of unfair selling prices | |
| Discriminatory Pricing | 1 | 7(1)g prohibits price discrimination | |
| Resale Price Maintenance | 1 | Article 31(1) prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 24(1)(a) prohibits restriction of entry into market of an enterprise. | |
| Efficiency Defense | 1 | Article 24(1)(e) permits otherwise prohibited behavior if it improves production or distribution of goods or promotes economic progress | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 20(2)(a) prohibits price fixing. |
| Tying | 1 | Article 20(2)(c) prohibits tying. | |
| Market Division | 1 | Article 20(2)(c) prohibits market division. | |
| Output Restraint | 1 | Article 20(2)(b) prohibits the limiting of production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 20(2)(d) prohibits bid tendering. | |
| Supply Refusal | 1 | Article 39(b) prohibits refusal of supply of goods to other enterprises | |
| Efficiency Defense | 1 | Article 20(3)(a) allows for considering whether an agreement “contributes to the improvement of production or distribution of goods or services or the promoting of technical or economic progress.” |