Slovak Republic (27 February 2001)
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Score = 19
Governed by: 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 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2(4) says that the Act may apply to activities abroad if they affect the domestic market. |
| Remedies | Fines | 1 | Article 38 provides guidelines for fining. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 25(2) allows third party to initiate a Commission proceeding through a written petition. |
| Remedies Available to 3rd Parties | 1 | Article 42 says that injured consumers can demand remedies in civil courts. | |
| 3rd Party Rights in Proceedings | 1 | Article 27 requires the Authority to allow 3rd parties to participate if they so request. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 10(9) requires notification of mergers. | |
| Pre-merger | 0 | ||
| Post-merger | 1 | Article 10(9) says that this notification must come within 30 days after an enumerated decisive act. | |
| Merger Assessment | Dominance | 1 | Article 12(7) lists creating or strengthening a dominant position as a reason to disallow a merger. |
| Restriction of Competition | 1 | Article 12(7) 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 8(2)(b) lists a restriction of production or sale as an abusive act and Article 8(4) prohibits limiting access to essential facilities. |
| Abusive Acts | 1 | Article 8(6) prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 8(2)(a) lists enforcing disproportionate prices and other conditions as an abusive act. | |
| Discriminatory Pricing | 1 | Article 8(2)(c) lists discriminatory conditions as an abusive act. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 4(3)(a) prohibits price fixing. |
| Tying | 1 | Article 4(3)(e) prohibits tying arrangements. | |
| Market Division | 1 | Article 4(3)(c) prohibits market division. | |
| Output Restraint | 1 | Article 4(3)(b) prohibits limiting production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 4(3)(f) prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 6(3) gives an exemption to the Article 4 prohibitions for agreements that contribute to the improvement of production or distribution of goods or to the promotion of technical or economic development. |
[edit] References
- ↑ Antimonopoly Office of the Slovak Republic website, http://www.antimon.gov.sk/eng/?c=356
