Cyprus (2008)

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Governed by:

Protection of Competition Law 2008 (replaced Protection of Competition of Law 207/89)[1]

Control of Concentrations of Enterprises Law number 22(I) of 1999.[2]

Note: The northern part of Cyprus declared independence from the rest of Cyprus in 1974, forming the Turkish Republic of Northern Cyprus. The Turkish Republic operates its own government, complete with a judicial system, defence, laws, and so forth, but is only recognized as an independent country by Turkey. While the Republic of Cyprus and the rest of the world consider the entire island to be under the control of the Republic of Cyprus, in practice, its laws are not practiced in northern Cyprus at this time.

Score = 17

Category Subcategory Score Comment
Scope Extraterritoriality 0 According to Law 22(I) of 1999, Section 3(2)(a)(ii), the competition law of Cyprus is limited to concentrations where at least one of the undertakings engages in commercial activity within Cyprus.
Remedies Fines 1 Law 22(I) of 1999, Section 52, provides for fines.
Prison Sentences 0
Divestitures 1 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 Law 22(I), section 9, requires mandatory notification and approval prior to a merger.
Pre-merger 2 Law 22(I), section 9, requires mandatory notification and approval prior to a merger.
Post-merger 1 Law 22(I), section 14, permits post-merger notification to be treated essentially the same as a timely notification.
Merger Assessment Dominance 1 Law 22(I), sections 10-11, require dominance to be considered when assessing a merger.
Restriction of Competition 1 Section 3(1) of 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 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 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 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 Law 13(I), section 6, forbids one or more undertakings to abuse the financial dependency of another undertaking in a way which substantially influences competition.
Abusive Acts 0
Price Setting 1 Law 13(I), section 6, prohibits price setting.


Discriminatory Pricing 1 Law 13(I), section 6, prohibits discriminatory pricing.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 1 Section 4(1) of Law 13(I)/2008 permits anti-competitive conduct that benefits consumers, as long as it will not reduce competition any more than is necessary, and will not eliminate competition from a substantial part of that market.
Restrictive Trade Practices Price Fixing 1 Section 3(1) of the Protection of Competition Law 13(I)/2008 prohibits directly or indirectly fix purchase or selling prices or any other trading conditions.
Tying 1 Section 3(1) of the Protection of Competition Law 13(I)/2008 prohibits tying.
Market Division 0
Output Restraint 1 Law 13(I), section 6, prohibits restricting output or abuse of another undertaking's financial dependency, such as by arbitrary terms or discrimatory treatment in transactions, or the sudden and unjustified termination of all transactions.


Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Section 4(1) of Law 13(I)/2008 permits anti-competitive conduct that benefits consumers, as long as it will not reduce competition any more than is necessary, and will not eliminate competition from a substantial part of that market.

References

  1. The 2008 law was not available online when this page was updated, but the site for the Commission for the Protection of Competition of the Republic of Cyprus explains what the new law covers. This information can be viewed in English at http://www.competition.gov.cy/competition/competition.nsf/aboutcpc_en/aboutcpc_en?OpenDocument
  2. This law is available online at http://www.competition.gov.cy/competition/competition.nsf/All/38B42C6DAA898323C22571A800314847/$file/concentration.pdf?OpenElement.