Latvia (May 1, 2004)
From AntitrustWorldWiki
Score = 21
Governed by: Competition Law of 4.10.2001 as amended May 1, 2004 (hereinafter referred to as “Competition Act”) [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | §2(9) defines “market participant” for the purposes of this Act as anything that has an effect on competition in Latvia. |
| Remedies | Fines | 1 | §12, §14, and §17 allow for imposition of fines for various violations. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Divestiture is allowed in the merger context. §16(3) allows the Council to creating binding conditions on merging firms. | |
| Private Enforcement | 3rd Party Initiation | 1 | §22 says that 3rd parties can initiate proceedings by submitting an application to the Competition Council.[2] |
| Remedies Available to 3rd Parties | 1 | §21 says that a company that violates a provision shall cover the losses to other market participants. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | §15 requires pre-merger notification to the Competition Council. | |
| Pre-merger | 2 | §15 requires pre-merger notification to the Competition Council. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | §16(3) allows the Council to prohibit a merger which will create or strengthen a dominant position. |
| Restriction of Competition | 1 | §16(3) allows the Council to prohibit a merger which will hinder or distort competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | §13(1) lists refusing to enter into transactions as an abuse and §13(2) lists restriction production or market development as an abusive act. |
| Abusive Acts | 1 | §13 prohibits the abuse of a dominant position. | |
| Price Setting | 1 | §13(4) lists price setting as an example of abuse. | |
| Discriminatory Pricing | 1 | §13(5) lists application of unequal provisions in equivalent transactions as an abuse. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §11(1)(1) prohibits price fixing. |
| Tying | 1 | §11(1)(4) prohibits tying arrangements. | |
| Market Division | 1 | §11(1)(3) prohibits market division. | |
| Output Restraint | 1 | §11(1)(2) prohibits restriction of the scope of production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | §11(1)6) prohibits actions which result in another market participant being forced to leave a market. | |
| Collusive Tendering/Bid-Rigging | 1 | §11(1)(5) prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | §11(2) allows the Council to permit otherwise illegal agreements if they determine that it promotes improvements in the production or sale of goods or economic progress. |
[edit] References
- ↑ Latvian Competition website, http://www.competition.lv/uploaded_files/ENG/E_likumK.pdf
- ↑ It is unclear whether this provision existed in the pre-2004 version of the Act.
