Sri Lanka (1987)
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Score = 8
Governed by: Fair Trading Commission Act, No. 1 of 1987 (hereinafter referred to as “Fair Trade Act”)[1] as amended by Act No. 57 of 1993[2].
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 37 imposes fines and imprisonment for violations of the FTA. |
| Prison Sentences | 1 | Article 37 imposes fines and imprisonment for violations of the FTA. | |
| Divestitures | 1 | Article 15(1)(c) allows the Commission to divide up any business that has an illegal monopoly or anticompetitive merger. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 11 says that the Commission can start an investigation after a complaint from any person. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | Article 10(2) says that the Commission may give all persons interested in the inquiry the right to be heard. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 13(1) says that the Commission can regulate mergers that are likely to create a dominant position. |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 15(1)(a) allows an efficiency defense for mergers. | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 12(7) says that the Commission is to look at whether a monopoly creates obstacles to entry when deciding whether it is illegal. | |
| Efficiency Defense | 1 | Article 15(1)(a) allows an efficiency defense for possibly illegal monopolies. | |
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 14 defines anti-competitive agreement as one “restricting, distorting or preventing competition” | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 15(1)(a) allows an efficiency defense for possibly illegal anti-competitive practices |