Fiji 1998
From AntitrustWorldWiki
Score = 17
Governed by: The Commerce Act of 1998[1], The Fair Trading Decree of 1992[2] (Amended 1998)[3] (Amended 2005)[4], The Consumer Credit Act of 1999[5], The Public Enterprise Act of 1996[6]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Section 5 of Fair Trading Decree (as amended, 1998) "Conduct by any Fiji citizen or body corporate outside Fiji is covered; acquiring a controlling interest ouside of Fiji may be covered by the Act"[7] |
| Remedies | Fines | 1 | Section 125 of Fair Trading Decree |
| Prison Sentences | 0 | Section 51 of of Fair Trading Decree contained prison sentences, but was repealed by Section 23 of 1998 amendment. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Section 126 of Fair Trading Decree |
| Remedies Available to 3rd Parties | 1 | Section 127 of Fair Trading Decree states that any person who has suffered loss can claim damages. | |
| 3rd Party Rights in Proceedings | 1 | Section 126 of Fair Trading Decree | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | Section 50(3) of Fair Trading Decree | |
| Merger Assessment | Dominance | 1 | Section 49(1)(a) of Fair Trading Decree of 1992 |
| Restriction of Competition | 1 | Section 49(1)(b)(i) of Fair Trading Decree of 1992 | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Section 43 of Fair Trading Decree of 1992 |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Section 48 of Fair Trade Decree of 1992 | |
| Resale Price Maintenance | 1 | Section 47 of Fair Trading Decree of 1992 | |
| Obstacles to Entry | 1 | Section 33(1)(b) of Fair Trading Decree of 1992 | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Sections 28, 29, and 30 of Fair Trading Decree of 1992 |
| Tying | 1 | Section 39(1) of Fair Trading Decree of 1992 | |
| Market Division | 0 | ||
| Output Restraint | 1 | Sections 41, 43 of Fair Trading Decree of 1992 | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Section 33(1)(a) of Fair Trading Decree of 1992 | |
| Collusive Tendering/Bid-Rigging | 1 | Sections 34, 37 of Fair Trading Decree of 1992 | |
| Supply Refusal | 1 | Section 29 of Fair Trading Decree of 1992 | |
| Efficiency Defense | 0 |
References
- ↑ http://www.globalcompetitionforum.org/regions/asia/Fiji/Commerce%20ACt1998.pdf
- ↑ http://www.globalcompetitionforum.org/regions/asia/Fiji/Fair%20Trading%20Decree.pdf
- ↑ http://www.commcomm.gov.fj/Default.aspx?page=ftAmAct
- ↑ http://www.commerce.gov.fj/files/0/29/published/FAir%20Trading%20(Ammendment)%20Act%202005.pdf
- ↑ http://www.globalcompetitionforum.org/regions/asia/Fiji/Fiji-Consumer1999.pdf
- ↑ http://www.publicenterprises.gov.fj/_resources/main/files/PE%20ACT.pdf
- ↑ World Bank Competition Database - Fiji, http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:20995052~menuPK:2137522~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
