European Commission

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Score = 27

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] Mergers are governed by Council Regulation 139/2004 on the control of concentrations between undertaking (the EC Merger Regulation) of 20 January 2004.[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 Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)
Prison Sentences 0
Divestitures 1 Article 8(4) of Regulation 139/2004 (EC Merger Regulation).
Private Enforcement 3rd Party Initiation 1 Council Regulation 1/2003 (Chapter III, Article 7(2))
Remedies Available to 3rd Parties 1 Private citizens have a right to bring a civil action in a national court with adequate competence[3]
3rd Party Rights in Proceedings 1 Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)
Merger Notification Voluntary 0
Mandatory 3 Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
Pre-merger 2 Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
Post-merger 0
Merger Assessment Dominance 1 EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3)
Restriction of Competition 1 EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3)
Public Interest (Pro D) 1 EC Merger Control Regulation 139/2004, Article 2(1)(b)
Public Interest (Pro Authority) 1 EC Merger Control Regulation 139/2004, Article 2(1)(b)
Other 0
Efficiency 1 Preamble to EC Merger Control Regulation 139/2004 on page 4 (para. 29).
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.[4]
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. Available at http://ec.europa.eu/comm/competition/mergers/legislation/regulations.html#merger_reg
  3. Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF
  4. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf