Cyprus/EU, 2008

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Score = 25

Governed by: Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.[1]

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 Cypriot Law 22(I) of 1999, Section 52, provides for fines.
Prison Sentences 0
Divestitures 1 Cypriot Law 22(i), sections 41-42, permits the revocation of approval of a concentration at any time if the concentration ever ceases to satisfy the terms required for approval by the CPC.
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Cypriot Law 22(I), section 9, requires mandatory notification and approval prior to a merger.
Pre-merger 2 Cypriot Law 22(I), section 9, requires mandatory notification and approval prior to a merger.
Post-merger 1 Cypriot Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.
Merger Assessment Dominance 1 Cypriot Law 22(I), sections 10-11, require dominance to be considered when assessing a merger.
Restriction of Competition 1 Section 3(1) of Cypriot Law 13(I)/2008 prohibits all agreements between undertakings, decisions by association of undertakings and concerted practices that have as an object or effect the prevention, restriction or distortion of competition within the Republic.
Public Interest (Pro D) 1 Cypriot Law 22(I) allows some mergers it might not otherwise permit, if they will benefit consumers or the public interest.
Public Interest (Pro Authority) 1 Cypriot Law 22(I), section 8, allows the CPC to apply the competition law to a concentration if it finds the concentration is of major importance, even if the minimum turnover criteria for the law to apply is not met.
Other 1 Cypriot Law 13(I), section 4, allows the CPC to approve of some mergers that violate the law, so long as they benefit consumers, or promote technical or financial development, or develop production or distribution of goods.
Efficiency 0
Dominance Limits Access 1 Article 82(b) prohibits abuse of a dominant position.
Abusive Acts 1 Article 82 prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) prohibits price setting.


Discriminatory Pricing 1 Articles 81(1)(d), 82(c) prohibit discrimatory conditions.
Resale Price Maintenance 1 Article 81 prohibits minimum resale price restrictions.[2]
Obstacles to Entry 1 Article 82 prohibits anti-competitive pricing schemes.[3]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Articles 81(1)(a) prohibits price fixing.
Tying 1 Articles 81(1)(e), 82(d) prohibit tying.
Market Division 1 Article 81 prohibits customer allocation clauses.[4]
Output Restraint 1 Article 81(1)(b) prohibits limiting production.


Market Sharing 1 Article 81(1)(c) prohibits market sharing.
Eliminating Competitors 1 Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 prohibits bid-rigging.
Supply Refusal 1 Article 81(1)(b) prohibits supply refusal.
Efficiency Defense 1 Article 81(3) allows an efficiency defense.

References

  1. EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. EC Competition Law, at 97.
  3. Id, at 283.
  4. Id, at 97.