Slovak Republic/EU, 2004

From AntitrustWorldWiki
Jump to: navigation, search

Score = 24

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Slovakian Competition Act: 136/2001 Coll. Act of 27 February 2001 on Protection of Competition and on Amendments and Supplements to the Act of the Slovak National Council NO. 347/1990 Coll. On Organization of Ministries and Other Central Bodies of State Administration of the Slovak Republic as amended. [2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 38 of the Slovakian Competition Act provides guidelines for fining.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 25(2) of the Slovakian Competition Act allows third party to initiate a Commission proceeding through a written petition.
Remedies Available to 3rd Parties 1 Article 42 of the Slovakian Competition Act says that injured consumers can demand remedies in civil courts. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission. [3]
3rd Party Rights in Proceedings 1 Article 27 of the Slovakian Competition Act requires the Authority to allow 3rd parties to participate if they so request.
Merger Notification[4] Voluntary 0
Mandatory 3 Article 10(9) of the Slovakian Competition Act requires notification of mergers.
Pre-merger 0
Post-merger 1 Article 10(9) of the Slovakian Competition Act says that this notification must come within 30 days after an enumerated decisive act.
Merger Assessment Dominance 1 Article 12(7) of the Slovakian Competition Act lists creating or strengthening a dominant position as a reason to disallow a merger.
Restriction of Competition 1 Article 12(7) of the Slovakian Competition Act lists imposing significant barriers on competition as the other reason to prohibit a merger.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the Rome Treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the Rome Treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the Rome Treaty prohibits tying.
Market Division 1 Article 81 of the Rome Treaty prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) of the Rome Treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c) of the Rome Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the Rome Treaty prohibits bid-rigging.[5]
Supply Refusal 1 Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the Rome Treaty allows an efficiency defense.

References

  1. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356.
  3. Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF
  4. The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  5. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf