Jordan 2004

From AntitrustWorldWiki
Jump to: navigation, search

Score = 23

Governed by: The Competition Law of 2004 (hereinafter referred to as “Competition Law”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 3 extends the scope of the Law to all activities that have an effect in Jordan.
Remedies Fines 1 Articles 20-26 allows the Minister to impose fines for violations of the Law.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 17 allows for 3rd party initiation of proceedings.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 Article 17 allows affected 3rd parties to be parties to the case.
Merger Notification Voluntary 0
Mandatory 3 Article 10 requires merging companies to submit an application for the approval of the proposed merger.
Pre-merger 2 The approval must come before the merger can occur.
Post-merger 0
Merger Assessment Dominance 1 Articles 9(B) and 10(A) both consider whether the firm's market share is substantial.
Restriction of Competition 1 Article 11 allows the Minister to deny a merger application if it negatively impacts competition.
Public Interest (Pro D) 1 Article (11)(A)(1).
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 11(A)(1) says the minister can allow an otherwise impermissible merger which has positive economic benefits such as lowering prices or providing employment.
Dominance Limits Access 1 Article 6(E) and (F) prohibit various methods of limiting access to the market such as supply refusal and control over purchasing.
Abusive Acts 1 Article 6 prohibits the abuse of a dominant position.
Price Setting 1 Article 6(A) prohibits price setting.
Discriminatory Pricing 1 Article 6(C) prohibits price discrimination.
Resale Price Maintenance 1 Article 8 prohibits resale price maintenance.
Obstacles to Entry 1 Article 6(B) prohibits activities that lead to barriers to entry.
Efficiency Defense 1 Article 7(B) and (C).
Restrictive Trade Practices Price Fixing 1 Article 5(A)(1) prohibits price fixing.
Tying 1 Article 6(G) prohibits tying.
Market Division 1 Article 5(A)(3) prohibits market division.
Output Restraint 1 Article 5(A)(2) prohibits output restraint.
Market Sharing 1 Article 5(A)(3) prohibits market sharing.
Eliminating Competitors 1 Article 5(A)(4) prohibits agreements to eliminate other enterprises.
Collusive Tendering/Bid-Rigging 1 Article 5(A)(5) prohibits collusive tendering.
Supply Refusal 0
Efficiency Defense 1 Article 7(B) and (C).

References

  1. http://www.internationalcompetitionnetwork.org/media/archive0611/mergerjordanlaw.pdf