| Albania
(Last updated 24/04/08) |
All
European Countries |
Overview
(General Information) |
Competition
law in Albania started in 1995. The Law no.8044, dated December
7, 1995 "On Competition", constitutes the very first step
in dealing with issues concerning monopolies, dominant position
and unfair competition. Some of the provision of this law, such
as those dealing with condemning the dominant position, has not
been in compliance with the European competition legislation.
Also,
the 1995 law highlighted some exemptions for sector of public services,
post telecommunications, railway, air and maritime transport and
also for insurance companies. Provision of this law concerning the
prohibition of horizontal and vertical restrictions of competition,
imposing or recommending price fixing, didn't apply for undertakings
of public services, for those with price supervision by the state
and for some other particular sectors of economy, such as: agriculture
and forestry. The Competition Department could not open the investigation
procedures with its own initiative or "ex officio". In
all the cases the procedures were initiated when nearby the Competition
Department a complaint has been submitted from the undertakings,
their associations or consumer associations. Also, the law didn't
have any provision for undertakings, subject of law application,
which didn't provide information. In general, the 1995 law, had
a lack of due procedural mechanisms to make it applicable. The implementation
of the law was poor and almost impossible.
On
July 28th, 2003, the law no. 9121, "On the Protection of Competition"
has been approved by Albanian Parliament. This law entered into
force by December 1-t 2003, abrogating the law no. 8044, date 7.12.1995
"On Competition".
This
law represents a deep reform in competition field in Albania. Differently
from the former law, the law "On the Protection of Competition",
is a pure antitrust law, dealing with the abuse of dominance, the
control of concentrations and illegal agreements, such as cartel
agreements. The approach in dealing with these issues is the same
with the one pursued in European Legislation.
As
far as agreements are concerned, article 81 of the Treaty of Rome
has been reflected. It foresees the kinds of agreements with heavy
consequences in the market (cartels), aiming restricting or eliminating
competition, such as those on price fixing, market division, production
restriction etc.
An emphasis has been put on abuse of dominant position, rather than
on dominant position as per se. The criteria to be taken into account
have been determined, in order to define the market and to assess
the market share for a company.
As in 1995 law, it does forbid the mergers creating a dominant position
in the market or strengthening a dominant or a monopoly position
in the market, which significantly lessen the competition in long
term. Also the detailed criteria are foreseen to be taken into account
in merger review.
The law stipulates the establishment of Competition Authority, as
a public entity, independent in performing its tasks, which comprises
of the Competition Commission as the decision-taking body and Secretariat
with investigative powers. The law foresees the right of the Competition
Authority to initiate the investigation proceedings by its own initiative,
in all cases when it finds evidence of infringement of the law.
Mechanisms
of cooperation between Competition Authority and public and local
administration bodies, regulatory entities, courts, homologue authorities
of other countries, have been foreseen.
The obligation of public and local administration bodies having
in their competence the issuance of normative acts, to submit them
for assessment to Competition Authority, if these acts result in
restriction of competition, harming consumer's interest and/or the
economic freedom of undertakings, it is foreseen as well.
The relationship of the Competition Authority with regulatory entities
of strategic sectors, which is very important not only during privatization,
but also in post-privatisation process, is being regulated. The
role of Competition Authority in enforcing the competition law in
all regulated sectors has been also determined.
The
right of Competition Authority to impose fines on undertakings,
based in the turnover of the preceding business year, ensuring the
application of non discrimination principle for all undertakings
operating in the market, and, in the same time, the efficiency of
such measures. They are divided in two groups, (i) includes fines
for procedural infringements, which may not exceed one per cent
of the total turnover in the preceding business year of the undertaking,
(ii) fines for serious infringements, such as cartel agreements
and abuses of dominant position, which may reach from two per cent
to 10 per cent of the total turnover in the preceding business year
of the undertaking. Also, it has been foreseen the imposing of periodic
fines in cases when undertakings do not comply with the Competition
Commission decision within the time limits stipulated in the decision.
The Competition Authority may also grant total or partial leniency
from financial penalties, if one or more undertakings help to detect
a prohibited practice by providing information not previously available
to the Authority.
By
empowering the Competition Authority we think that we have provided
the key elements for making the law applicable for and by all. Simply
having a sound competition law is not sufficient for its enforcement.
Developing and protecting free and effective competition in Albania,
it's not an easy objective, since it is closely related to operating
systems in the economy and sociopolitical life of the country. Some
positive indicators in the case of Albania are that the Government
has approved a market oriented regulatory framework in Albania;
the political commitment for integrating Albania into the EU; the
increasing willingness of business community to cooperate with the
Government and increased public awareness on the importance and
benefits deriving from respecting competition rules.
by
the Albanian Competition Authority
Albania:
A new law on Competition by Eris Hoxha LL.M and Shpati
Hoxha, Boga & Associates
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Law
No. 9121, date 28.07. 2003 “On Competition Protection”
Ligji
Nr.9121,date 28.07.2003 "Per Mbrojtjen e Konkurrences"
(In Albanian)
Republic
of Albania Competition Authority Regulations:
Regulation
for applying concentration procedures of undertakings
Regulation
on the Organization and Functioning of the Authority
Regulation
on defining the expenses to follow the procedures nearby the Competition
Authority
Regulation
on fines and leniency
|
| Guidelines |
No
information available
|
| Forms |
No
information available
|
| Cooperation
Agreements and Treaties |
Agreement
of Cooperation with Commission for the Protection of Competition
of Macedonia Republic (2007)
Cooperation
Agreement with Greek Authorities for Competition Protection (2006)
|
| Selected
Cases |
Decisions
on Albanian Competition Commission Website
|
| Press
Releases |
Authority
of competition signed the agreement of cooperation with Commission
for Protection of Competition of Macedonia Republic, 6 December
2007
|
| Annual
Reports |
Albania
Competition Authority Annual Report 2006 and main performance aims
2007 |
Publications
(Papers-Reports- Speeches) |
Republic
of Albania Competition Authority Competition Commission: National
Competition Policy, 2006
Albania,
by Anudeepa Nair, April 2006
Albanian
Antitrust Law (part I), by Wolf Theiss, November 2005
Competing
to Reform: An analysis of the New Competition Law in Albania, by
Irene Dajkovic, 2004
|
| News |
The
Albanian Government adopted a new law on Competition in July 2003.
This law is to replace the existing law, approved in 1995. The law
entered into force on December 1st 2003.
The
five members of the Competition Commission (the decision-making
body within the Competition Authority) were elected in February
2004 for a term of five years. However, the Competition Authority
is regarded to be “substantially understaffed” with an “insufficient
budget”. (European Commission 2005 progress report on Albania -
SEC (2005)1421).
News
from Albanian Competition Authority Website
|
| Contact
Information |
Prof.Ass.Dr.
Lindita MILO( Lati)
Chairwoman
www.caa.gov.al
Tel: +355 4 234 504/ext 202
Email(provisional): linditalati@yahoo.co.uk
Pajtim
Melani
Director of Cabinet of Competition Commission
Tel +355 4 234 504/ext 203
Gsm: +355 68 20 88 603
Email: pajtim_melani@yahoo.com
Web site: www.caa.gov.al
|
| Competition
Authority Website(s) |
The
new law on Competition establishes an independent competition authority,
which is directly appointed and controlled by the Albanian Parliament.
The Competition Law Authority
is part of the structure of the Ministry for Economy.
|
| |
|
| Andorra (Last
updated 24/04/08) |
All
European Countries |
Overview
(General Information) |
No
information available
|
Legislation
(Legal Acts-Regulations-Resolutions) |
No
competition law yet in force
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Cooperation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches) |
No
information available |
| News |
No
information available |
| Contact
Information |
No
information available |
| Competition
Authority Website(s) |
No
information available |
| |
|
| Armenia (Last
updated 24/04/08) |
All
European Countries |
Overview
(General Information) |
Competition
Law in Armenia. Methodology by OSCE Office in Yerevan: Promoting
Economic Competition in Armenia
|
Legislation
(Legal Acts-Regulations-Resolutions) |
The
Law on Protection of Economic Competition of the Republic of Armenia,
Adopted on November 6, 2000 (as amended on 14 April 2007)
Law
on Telecommunications
Law
on Advertising
Law
on establishing the procedure of the competition for licensing of
TV and radio program broadcasting Regulations
•
Procedure For the Determination of Limits and Volumes of Goods Markets
• Procedure For Determination of the Overwhelming Role of the Economic
Subject in Goods Market
• Procedure
of the Maintenance of Centralized Register of Economic Subject that
have an Overwhelming position in the Goods Market
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Agreement
on Partnership and Collaboration on the one side between the Republic
of Armenia and European Communities and on the other side their
member Countries (Agreement is in Armenian)
Contract
on “Maintaining Agreed Antimonopoly Policy” between Independent
States Cooperation member countries (Contract is in Russian)
Contract
on “Collaboration in the Sphere of Competitive Policy between the
Government of the Republic of Armenia and Cabinet of Ministries
of Ukraine”
The
Partnership and Co-operation Agreement with the Governments
of Armenia and Canada contains some weak provisions on competition.
The
Commission is currently cooperating with some international organisations
as well as with other bodies defending competition in other NIS
and foreign countries. The Commission fosters its working relations
with Russia, Ukraine and Georgia.
The
Commission broadens the cooperation with international organisations,
namely a direct collaboration is being started with the organisation
of Black Sea Economic Cooperation, in the framework of which it
is planned to sign a multilateral treaty with the member states,
concerning the sphere of protection of competition.
Within
the framework of the Commonwealth of Independent States, the Commission
participates in the work and meetings of the Anti-Monopolistic Policy
Interstate Council of the NIS member states the main goal of which
is to develop and implement accorded policy between the NIS member
states.
In
cooperation with “International Competition Network” (ICN) organisation,
the Commission has actively participated in the working meetings
and the annual conference of this organisation. Cooperation with
this structure will highly contribute to the creation of immediate
ties with the competition protection bodies of the developed countries
and the exchange of valuable experience, as well as to the professional
development of the staff. The Commission continues to cooperate
also with other international organisations relating to the sphere
of protection of economic competition, namely the Organization for
Economic Cooperation and Development (OECD), the World Bank (WB),
The World Trade Organization (WTO).
By
OSCE Office in Yerevan: Promoting Economic Competition in Armenia
|
| Selected
Cases |
No
information available
|
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports-Speeches-Bulletins) |
Report
on Armenia, by Michael W Nicholson and Lilit V Melikyan, February
2006
Armenia
Competition Law Reform 2002 by Armenian-European Legal Advice Centre
Armenia
Competition Law Reform 2001 by Armenian-European Legal Advice Centre
Peer
Review of Compliance Assurance in Armenia -2005
Consumer
protection in urban water sector reforms in Armenia: ability to
pay and social protection of low income households 28-Jun-2005 -
This policy report focuses on social aspects of the ongoing Armenian
urban water sector reforms,conclusions, and recommendations prepared
within the demonstration Project Consumer Protection in Urban Water
Sector Reforms in Armenia: Ability to Pay and Social Protection
of Low Income Households.
|
| News |
News
from the State Commission for the Protection of Economic Competition
of the Republic of Armenia (in Armenian)
News
from the Ministry of Economy of Republic of Armenia
|
| Contact
Information |
State
Commission for the Protection of Economic Competition of the Republic
of Armenia
5 b
Mher Mkrtchyan Str., Yerevan, 0010, Republic of Armenia
Tel: (+37410)
543-986,
Fax:
(+374 10) 563-961,
Email:
webmaster@competition.am
Ministry
of Trade and Economic Development of the Republic of Armenia
5 Hanrapetutian,
Yerevan 375010
ARMENIA
State
Commission for the Defense of Economic Competition
14, Koruna str.
375009, Yerevan
ARMENIA
Tel:
(3741) 54 56 37/38; 54 48 49; 54 39 86
Fax: (3741) 54 56 37
|
| Competition
Authority Website(s) |
State
Commission for the Protection of Economic Competition of the Republic
of Armenia
OSCE
Office in Yerevan: Promoting Economic Competition in Armenia |
| |
|
| Austria (Last
updated 24/04/08) |
All
European Countries |
Overview
(General Information) |
The
Austrian Federal Competition Authority (Bundeswettbewerbsbehörde)
has been formed on the 1st July 2002 based on the legal ground of
a Federal Act (Wettbewerbsgesetz - WettbG; BGBl I Nr 62/2002) as
an independent monocratically organised investigative Institution
in competition matters. The FDCA is integrated within the Federal
Ministry of Economy and Labour.
Targets of the FDCA are:
• To ensure a working competition and to prevent and engage distortions
or restrictions of competition in regards to the Austrian Cartel
Act or the European Competition Rules, and
• To ensure the compliance with the common law of the European Community
and the relevant authorities while applying the Federal Cartel Act
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Legislation
A
new competition act entered into force in Austria on 1 January 2006
and substantially changed Austrian competition law.
The
New Act (Kartellgesetz 2005 - KartG 2005) KARTG 2005 (In German)
New
Austrian Cartel Act (Draft version in German)
Federal
Act of 19 October 1988 on Cartels and other Restrictive Trade Practices
(1988 Cartel Act – KartG 1988)
(In German)
62nd
Federal Act to enact a Federal Act on the establishment of a Federal
Competition Authority (Competition Act, WettbG) and to modify the
Cartel Act of 1988, the Criminal Code and the Federal Budget Act
of 2002
(In German)
Competition
Law. Wettbewerbsgesetz–WettbG BGBl. I Nr. 62/2002 (In German)
Verwaltungsreformgesetz
2001 (Änderung der Gewerbeordnung 1994 und des Luftreinhaltegesetzes
für Kesselanlagen) BGBl. I Nr. 65/2002 (In German)
Novelle
zur Gewerbeordnung:
1)
Regierungsvorlage: GewO 2002 (050402) B.pdf (665kb) (In German)
2)
Vorblatt:GewON 2002 - Vorblatt B.pdf b63kb)
(In German)
3)
Erläuterungen: GewON 2002-Erl (16402) B.pdf (540kb)
(In German)
Austria-Legislation
|
| Guidelines |
No
information available |
| Forms |
Form
for the Notification of Concentrations
Merger
Procedure: Merger Notification and Procedures Template
|
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
National
Court judgments (In German) |
| Press
Releases |
Press
Releases (In
German) |
| Annual
Reports |
Austrian
Annual Report 1.7.2005 bis 30.6.2006 (In German)
Austrian
Annual Report 1.5.2004 bis 30.6.2005 (In German)
Austrian
Annual Report 1.7.2003 bis 30.4.2004 (In German)
Austrian
Annual Report 1.7.2002 bis 30.6.2003
(In German)
Annual
Report on Competition Policy Developments in Austria 2006-2007
Annual
Report on Competition Policy and Developments in Austria 2005-2006
Annual
Report on Competition Policy and Developments in Austria 2004-2005
Annual
Report on Competition Policy and Developments in Austria 2002-2003
|
Publications
(mostly in German)
(Papers-Reports- Speeches-Bulletins) |
Studie
zu den wettbewerbsökonomischen Methoden der Marktabgrenzung
(In German)
Reform
der Anwendung des Art 82 EGV: Missbrauch der Marktmacht neu gesehen?
Code-sharing
agreements in scheduled passenger air transport
Progress
report of the Air Traffic Working Group on slot trading
Loyalty
programmes in civil aviation
Merger
and alliances in civil aviation
Wettbewerbsrechtsnovelle
2005 - Änderungen ab 1.1.2006 (In German)
Kfz-Vertrieb
OECD
Report on Competition
2003-2004
OECD
Report on Competition 2002-2003
OECD
Report on Competition 2001-2002
Articles
Ewald
Lichtenberger, Spectrum Trading in Germany, Austria and the UK:
The influence of regulatory regimes and evaluation of criteria on
competition in the European Mobile Telecom Sector. Paper
for the ITS Conference, Helsinki, August 23rd /24th, 2003
|
| News |
News
|
| Contact
Information |
Federal
Competition Authority
Praterstrasse 31
A-1020 Vienna
Tel:
+43 1 245 08-0
Fax: +43 1 587 42 00
E-mail:
wettbewerb@bwb.gv.at
Website: www.bwb.gv.at
Federal
Ministry of Economy and Labour. Bundesministerium für Wirtschaft
und Arbeit (In German)
A-1011 Wien, Stubenring 1
Tel: +43/1/711 00-0
Email: service@bmwa.gv.at
|
| Competition
Authority Website(s) |
Federal
Competition Authority (In German)
Austria.
Wettbewerbsservice (BMwA)
(In German)
|
|
|
|
| Belarus
(Last updated 24/04/08)
|
All
European Countries |
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
Law
of the Republic of Belarus 2034-XII of December 10, 1992,"On
counteraction of monopolistic activities and promotion of competition."
In edition of Law of the Republic of Belarus 364-3 of January 10,
2000, Last amendments and alternations: Law of the Republic of Belarus
of December 2002, 154-Z
Law
on Natural Monopolies of 2002
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available
|
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
No
information available |
| News |
No
information available |
| Contact
Information |
Department
of Antimonopoly and Price Policy
Ministry of Economy
14, Berson str.
220050 Minsk
BELARUS
Tel:
(0172) 20 68 78; 20 98 30
Fax: (0172) 22 67 77; 26 67 77
E-mail: gen@plan.minsk.by
Ministry
of Finance
Public Relations and Administrative Services
Tel.
(359) 2/9859 2024
E-mail: feedback@minfin.government.bg
Ministry
for Entrepreneurship and Investments
39 Myasnikova str.
220048, F-2 Minsk
BELARUS
Tel:
+375 17 20 1623/1337/1907
Fax: +375 17 27 22 40
|
| Competition
Authority Website(s) |
Antimonopoly
Committee of the Republic of Belarus - (forthcoming)
|
| |
|
| Belgium (Last
updated 12/05/08) |
All
European Countries |
Overview
(General Information) |
Since
1 April 1993, the date the act on the protection of economic competition,
co-ordinated on 1 July 1999, became effective, a new legislation in
the field of competition has been in force in Belgium.
Just like European law and the national law of other
countries, the enactment of this legislation demonstrates the Belgian
Parliament’s determination to guarantee and safeguard effective
competition in the market by pursuing a genuine and efficient competition
policy. The act was based
on European Union competition legislation.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
The
new Competition Act 2006 entered into force retroactively on 1 October
2006 replacing the 1991 Competition Act. The new Act modernises
the previous system and brings merger control rules in line with
EC law.
The
competition authorities are:
1.
Competition Council (Raad voor Mededinging/Conseil
de la Concurrence) (Council). It is composed of the following bodies:
- the
General Assembly of the Council (Algemene vergadering van de Raad/Assemblée
générale du Conseil) (General Assembly);
- the
College of Competition Prosecutors (Auditoraat/Auditorat) (Prosecutors);
- the
Registry (Griffie/Greffe).
2.
Competition service (Dienst voor de Mededinging/Service
de la concurrence) (CS). The CS assists the Prosecutors (see above).
The
Belgian Parliament has approved the new Competition Act
On
8 May 2006, the Senate approved the proposal for a new Competition
Act, which will introduce important institutional reforms and will
bring Belgian competition law further in line with EU competition
law.
At
the institutional level, the new Act will reinforce the Belgian
Competition Authority and will provide it with new tools designed
to ensure a more effective and coherent enforcement policy. The
Body of Auditors (formerly Reporters) should become more independent
from the administration through its integration into the Competition
Council. The Competition Council will have six permanent and six
non-permanent members.
With
regard to restrictive practices, the possibility for parties to
notify agreements with a view to obtaining an exemption from the
prohibition of anti-competitive agreements will be abolished. The
new Act also will explicitly provide for the possibility to close
investigations by way of commitments and the Belgian leniency programme
will be granted a formal legal basis.
With
respect to merger control, the new Act brings Belgian merger control
in line with the EU rules, for example by introducing the same substantive
test based on the notion of a “significant impediment to effective
competition”. The current time limits for the adoption of first
phase decisions and second phase decisions will be increased.
The
new Act will also modify the rules on judicial control. Decisions
of the Competition Council acting as an appeal body will henceforth
only be challengeable before the Supreme Court (Hof van Cassatie/Cour
de Cassation). The preliminary ruling procedure will also be reformed:
the Supreme Court, and not the Brussels Court of Appeals, will be
competent to rule on requests for preliminary rulings on the interpretation
of the Competition Act brought by the Courts and from now on also
by the Competition Council. Furthermore, the relationship between
the sector regulators and the Competition Authority will be clarified
and a uniform treatment of appeals against decisions of sector regulators
will be introduced.
Finally,
the new Competition Act will allow for the exchange of information
through the European Competition Network, thus enabling the Belgian
Competition Authority to participate fully to the activities of
the network.
For
procedural reasons, the Competition Act has been split up into two
different Acts. However, before their entry into force on 1st October
2006, both Acts will likely be coordinated into a single text.
For
further information, please refer to Freshfields Bruckhaus Deringer,
Belgian
competition law report: Issue 14, 2006
Act
on the Protection of Economic Competition coordinated on 1 July
1999 (Belgian Official Gazette, 01.09.1999)
The
Act of 14 July 1991 on Commercial Practice and Consumer Protection
(In French)
Presentation
of the Act on the Protection of Economic Competition, co-ordinate
on 1 July 1999
Royal
Decree of 23 March 1993 relating to the applications and notifications
referred to in Articles 6 and 7 of the Act on the Protection of
Economic Competition, coordinated on 1 July 1999 (Belgian Official
Gazette, 31 March 1993), as amended by the Royal Decrees of 22 January
1998 (Belgian Official Gazette, 24 April 1998), 11 March 1999 (Belgian
Official Gazette, 19 May 1999) and 28 December 1999 (Belgian Official
Gazette, 1 February 2000)
Royal
Decree of 23 March 1993 relating to the Notification of Concentrations
of Undertakings referred to in Article 12 of the Act on the Protection
of Economic Competition coordinated on 1 July 1999 (Belgian Official
Gazette, 31 March 1993) as amended by the Royal Decrees of 22 January
1998 (Belgian Official Gazette, 24 April 1998), 11 March 1999 (Belgian
Official Gazette, 19 May 1999) and 18 June 1999 (Belgian Official
Gazette, 12 October 1999)
Royal
Decree of 22 January 1998 relating to the filing of complaints and
applications referred to in Article 23, § 1, c) and d) of the
Act on the Protection of Economic Competition, coordinated on 1
July 1999 (Belgian Official Gazette, 24 April 1998), as amended
by the Royal Decree of 28 December 1999 (Belgian Official Gazette,
1 February 2000)
Royal
Decree of 15 March 1993 relating to the Procedure for the Protection
of Economic Competition (Belgian Official Gazette, 1 April 1993),
as amended by the Royal Decrees of 22 January 1998 (Belgian Official
Gazette, 24 April 1998), 11 March 1999 (Belgian Official Gazette,
19 May 1999) and 28 December 1999 (Belgian Official Gazette, 1 February
2000)
|
| Guidelines |
Where
and How to Lodge a Complaint
Price
Regulation
Guide
for Companies
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
In
order to foster uniformity in competition-related case law, Belgian
law has empowered the Brussels Court of Appeal to hear appeals of
decisions by the Competition Council and its Chairman. The Court
of Appeal has unlimited jurisdiction over such appeals. The Council
of Ministers’ decisions concerning concentrations may be appealed
to the Conseil d’Etat, which verifies their legality.
National
Court judgments
Sebago
v. GB-Unic
|
| Press
Releases |
FPS
(Federal Public Service) Communiqués de presse (In
French)
Communiqué
de presse du - 2005
Communiqué
de presse du - 2004
Communiqué
de presse du - 2003
Communiqué
de presse du - 2002
Communiqué
de presse du - 2001
Conseil de la Concurrence - Press Releases (In English)
Press
Releases - 2007
Press
Releases - 2006
Press
Releases - 2005
Press
Releases - 2004
Press Releases - 2003
Press
Releases - 2002
Table
by Sector
|
| Annual
Reports |
OECD
OECD
Economic Outlook No. 80 - Belgium - 2006
List
of Economic Surveys of Belgium
Competition
Law and Policy in the European Union - 2005
Annual Report - 2005 - OECD
Annual
Report - 2002 - OECD
Annual
Report - 2001 - OECD
FPS
(Federal Public Service)- Annual Reports (In French)
Annual
Report 2006
Annual
Report 2004-2005
Annual
Report 2003
Annual
Report 2002
Annual
Report 2001
Annual
Report 2000
Conseil
de la Concurrence- Annual Reports
2005
Annual Report
2004
Annual Report
2003
Annual Report
2002
Annual Report
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Procedural
notice of 17 April 2007 relating to the French Leniency Programme
New
Belgian Competition Act: the dawn of a new era?, Freshfields Bruckhaus
Deringer, September 2006
Catalogue
of Publications
Economic Crossroads
Public
Interventions
|
| News |
Ministère
des Affaires Economiques
|
| Contact
Information |
The
Competition Council (Conseil de la Concurrence/Raad voor Mededinging)
(Council)
North Plaza A
Floor 8
Avenue Koning Albert II-laan 9
1210 Brussels
Belgium
Tel: +32 2 277 52 72
Fax: +32 2 277 53 23
Email: raco@economie.fgov.be
www.mineco.fgov.be/organization_market/competition/home_en.htm
Competition
service (Dienst voor de Mededinging/Service de la concurrence) (CS)
North
Gate III
Avenue Koning Albert II-laan 16
1000 Brussels
Belgium
Tel: +32 2 277 87 84 (Tillo Baert) (Dutch/English)
+32 2 277 74 22 (Dirk Vertongen) (Dutch/English)
+32 2 277 87 26 (Micheline Dembo Ayaki) (French/English)
+32 2 277 84 83 (Catherine Godin) (French/English)
Fax: +32 2 277 52 53
Email: info.eco@economie.fgov.be
www.mineco.fgov.be/organization_market/competition/home_en.htm
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| Competition
Authority Website(s) |
Ministry
of Economic Affairs
Conseil
de la Concurrence
Service
de la Concurrence
The
Competition Council, set up under the auspices of the Ministry
of Economic Affairs, is an administrative entity having the authority
to take decisions, put forward proposals and give opinions. Under
its decision-making powers, it ascertains whether or not prohibitions
of restrictive practices have been infringed, and it alone is empowered
to grant individual exemptions at the request of the undertakings
involved. It also rules on the acceptability of concentrations.
The
Competition Commission is an advisory body representing the
viewpoints of labour, industry, agriculture, commerce, crafts and
consumers. Among its functions is to issue opinions, on its own
initiative if it so chooses, on any matter involving general competition
policy. It is part of the Ministry of Economic Affairs and works
under the authority of the Prosecutors.
The
Minister responsible for Economic Affairs can ask the corps
of rapporteurs to carry out investigations and to conduct general
or sector-specific investigations. The Minister can also lodge an
appeal with the Brussels Court of Appeal contesting the decisions
of the Competition Council.
When
it is in the public interest, the Council of Ministers may authorise,
either on its own authority or at the parties’ request, a concentration
that the Competition Council found inadmissible. |
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| Bosnia and Herzegovina
(Last updated 24/04/08) |
All
European Countries |
Overview
(General Information) |
The
Council of Competition was established on May 1st 2004 as an independent
public body mandated to ensure consistent implementation of the
Act on Competition passed in 2001. It is located in Sarajevo and
it has exclusive competence to decide on the presence of prohibited
competition activities in the market of Bosnia and Herzegovina.
For
the first time, this Act establishes the competition policy as
one of the most important instruments and pillars in creating
and strengthening the single economic area /market in Bosnia and
Herzegovina.
The
Act on Competition, passed in 2001, comprised the basic rules
of the competition within the meaning of Article 81 and 82 of
the EC Treaty, but it didn't apply to practices and resolutions
of the modern European legislation - acquis in this field. Therefore,
a new Act was passed ("Official Gazette BIH", No. 48/05)
and it has been in effect since 27th July 2005. Compatibility
of the new Act on Competition with stipulations and regulations
of the European Union legislation in the field of the market competition
(i.e. Regulations adopted in 2003 and 2004. - EC Council-No. 1/2003;
139/2004; 773/2004; 802/2004; etc.) ensures the effective and
transparent application of the law, simple procedures, reduced
duration of the proceedings and in general, reduced level of the
state intervention in this field.
Compared
to the previous Act, the new Act grants the motivated penalty
policy for undertakings (Leniency policy), effective mechanism
of market control and establishes the cooperation with international
Agencies in this field.
This
Act shall apply to all forms of prevention, restriction and distortion
of the market competition on the whole territory of Bosnia and
Herzegovina or out of the territory of Bosnia and Herzegovina
having substantial effect on the market of Bosnia and Herzegovina.
The special attention is directed towards the agreements on dominant
position and abuses of dominant position, and on rules and procedures
concerning the competition between undertakings.
The
new Act on Competition ensures the increased and precisely defined
competences of the Council of Competition in carrying out the
administration and professional duties referred to in the different
aspects of the market competition control (i.e. methods of carrying
on the proceedings, final decision making, penalty policy and
duration of the proceedings).
As
some items and matters are defined in general by the Competition
Act, they are more closely defined by by-law acts: Decision on
Definition of a Relevant Market; Decision on Agreements of Minor
Importance; Decision on Block Exemption Granted to Certain Categories
of Vertical Agreements (between undertakings operating on the
different level of production or distribution); Decision on Block
Exemption Granted to Certain Categories of Horizontal Agreements
(between undertakings operating on the same level of production
and distribution chain) particularly those pertaining to Research,
Development and Specialization Agreements; Regulation on Block
Exemption Granted to Agreements on Transfer of Technology, Licenses
and Know-how; Decision on Block Exemption Granted to Insurance
Agreements; Decision on Distribution and Servicing the Motor Vehicles;
Decision on the Procedure for Granting Immunity from Fines (Leniency
Policy); Decision on the Definition of Dominant Position; Decision
on Administrative Payment Referred to Proceedings Before the Council
of Competition and Decision on Definition of the Periodic Fine
Payment.
The
application of the above said by-law acts (all of them shall be
passed until March, 2006) shall provide compliance of the Bosnia
and Herzegovina legislation in this field with acquis and ensure
the predictable and transparent conducting of some procedures
and proceedings before the Council of Competition.
The
Council of Competition consists of six (6) members and they are
appointed for a six-year term of office (until 2010) with the
possibility of one more reappointment. Three members of the Council
of Competition are appointed by the Council of Ministers of Bosnia
and Herzegovina, two members are appointed by the Government of
Federation of Bosnia and Herzegovina and one member is appointed
by the Government of Republic of Srpska. The Council of Ministers
of Bosnia and Herzegovina appoints a president of the Council
of Competition (one of the members of the Council) for one-year
term without the possibility of reappointment during the term
of office of the Council members. Members of the Council of Competition
are selected among recognized experts in the certain professional
fields and their status is equal to that of administrative judges.
This status is incompatible with any direct or indirect, permanent
or periodical duty, with the exception of academic activities.
Expert
Unit is the basic organizational unit of the Council of Competition
and it performs administrative and professional activities (conducts
the proceedings, prepares the decision making proposals, proposes
by-law acts, and so on). The empowerment of this Team shall advance
the functioning of the Council of Competition. It is of high priority
in 2006 to employ more staff (lawyers and economists) and to improve
the knowledge and professionalism of all staff.
Pursuant
to the Act on Competition, the proceedings may be initiated at
the party's request/claim or ex-officio when the Council of Competition
finds that the practice concerned is likely to cause considerable
obstruction, restriction or distortion of competition.
When
the proceeding is completed (duration of the proceedings depends
on the case concerned), the Council of Competition issues a final
decision on which the injured party to the proceedings may file
an appeal before the Court of Bosnia and Herzegovina.
The
Council of Competition shall ensure by means of the continual
promotion Program ("Competition Advocacy") closer approach
of the various aspects of market competition to business associations
and other respective institutions for the purpose of the proper
law enforcement and increase the knowledge and awareness.
The
State Aid is a part of the market competition policy of the European
Community. There is no legislation in this filed in Bosnia and
Herzegovina and the establishment of the State Aid is of a top
priority in future. Following the example of the European Union
system, the process of the draft legislative enactment has been
started in Bosnia and Herzegovina and it is technically supported
by experts of EU Project "Support for Competition and State
Aid". The Council of Competition and other national bodies/institutions
of Bosnia and Herzegovina have essential responsibility and mandate
in this field. The enactment of the Law in this field is expected
until the end of 2006.
The
Council of Competition of Bosnia and Herzegovina has been a member
of the International Competition Network (ICN) since middle of
2005. In this moment, the Council of Competition is going to sign
bilateral agreements and memorandums with the countries in the
region aimed to establish and improve the cooperation between
the countries.
The
Council of Competition participates actively in negotiations on
Agreement on Stabilization and Association between Bosnia and
Herzegovina and the European Community.
(Source:
Council of Competition
of Bosnia and Herzegovina)
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Legislation
(Legal Acts-Regulations-Resolutions) |
Act
on Competition
Act
on Amendments to the Law on Competition of Bosnia and Herzegovina,
24 September 2007
The
Act, which has been effective since 27th July 2005, is compatible
with EU Regulations adopted in 2003 and 2004 including 1/2003;
139/2004; 773/2004; 802/2004.
However,
the Act needs to be read in light of a number of subsequent by-laws
which have more closely defined and detailed the 2005 legislation.
These by-laws are as follows:
Decision
on Block Exemption Granted to Certain Categories of Vertical Agreements
(between undertakings operating on the different level of production
or distribution); Decision on Block Exemption Granted to Certain
Categories of Horizontal Agreements (between undertakings operating
on the same level of production and distribution chain) particularly
those pertaining to Research, Development and Specialization Agreements;
Regulation on Block Exemption Granted to Agreements on Transfer
of Technology, Licenses and Know-how; Decision on Block Exemption
Granted to Insurance Agreements; Decision on Distribution and
Servicing the Motor Vehicles; Decision on the Definition of Dominant
Position and Decision on Administrative Payment Referred to Proceedings
Before the Council of Competition.
Antitrust
and competition legislation is contained not only in the specific
competition laws but also in the Law on Obligations and the entities
trade laws.
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| Guidelines |
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| Forms |
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| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
Decisions:
[22.11.2007.]
Decision on Notification of intended concentration between Sarajevska
pivara d.d. Sarajevo and Oslobodenje d.d. Sarajevo
[05.11.2007.]
Decision on rejection of the Request for delay the enforcement
of disputed Decision of the Council of Competition No.: 1-01-26-001-69-II/07
from 20 July 2007
[23.10.2007.]
Decision upon Notification of intended concentration between "Zavarovalnica
Triglav" d.d., Ljubljana, Republic of Slovenia and "Krajina-Kopaonik",
a.d., Istocno Sarajevo, BiH
[28.09.2007.]
Decision on concentration created between Mješoviti Holding “Elektroprivreda”
Republike Srpske, Trebinje-Maticno preduzece a.d. (Mixed Holding
-Parent company, Stock company) Trebinje, Javno preduzece Rudnik
and Termo-Elektrana-Gacko akcionarsko društvo (Coal mine and Thermal
Power Plant Gacko), Gacko and “CEZ” a.s., Prague, Czech Republic
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| Press
Releases |
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| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
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| News |
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