| Albania
(Last updated 18/12/09) |
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 |
Guidelines
on the Notification Form of Concentrations
Guidelines
on the Notification Form of Agreement
|
| Forms |
The
Notification Form of Concentrations
The
Notification Form of Agreement
|
| 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 |
On
Competition Commission Decision
“Recommendation on abrogating the decision of Council of Ministers
no.1110, 30.07.2008 that restrict market competition”, 30/12/2008
Mars
Incorporated_Wrigley Jr.Company, 29/07/2008
Opening
of investigation process in the Energy sector, 30/01/2008
The
Competition Commission decided to fine the companies that produce
concrete, that haven’t brought the information needed, 24/12/2007
Authority
of competition signed the agreement of cooperation with Commission
for Protection of Competition of Macedonia Republic, 6 December
2007
Infringement
of dominant position of “Albanian Mobile Communication” and “Vodafone
Albania” in the market of telecommunication, 09/11/2007
|
| Annual
Reports |
Annual
Report 2007 and main work objectives for the year 2008
Albania
Competition Authority Annual Report 2006 and main performance aims
2007 |
Publications
(Papers-Reports- Speeches) |
First
Round Table of the Heads of the SEECP Competition Authorities, 29/05/2008
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 |
Albanian
Competition Authority is pleased to invite researchers in competition
law and economics to submit their papers to be presented at the
ALBANIAN COMPETITION DAY, to be held on March 3, 2009, Tirana International
Hotel, Tirana, Albania
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 18/12/09) |
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 18/12/09) |
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 of the Republic of Armenia on Protection of Economic Competition
(Non official Transalation)
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 |
Notification
Form (In Armenian) |
| 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”
Agreement
on Cooperation in Economic Competition Policy Between The National
Agency for the Protection of Competition of the Republic of Moldova
and The State Commission for the Protection of Economic Competition
of the Republic of Armenia (Agreement is in three languages Armenian,
Moldavian, English)
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 |
Cases
found on the Armenian State Commission Website |
| Press
Releases |
Protection
of competition in Armenia, 08/04/2009 |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports-Speeches-Bulletins) |
Armenia,
Competition issues in the distirbution sector, 1st May- 31st January
2008
Assesement
of institutional standing in the fields of competition and State
Aid, AEPLAC, 2007
Report
on Armenia, by Michael W Nicholson and Lilit V Melikyan, February
2006
State
Commission for the Protection of Economic Competition of the Republic
of Armenia, Competition and Antitrust, by Ashot Shahnazarian ( Competition
and Antitrust, Bulletin of Euroman 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 |
By
the decree of President of RA dated 14 January, 2009 Hrayr Aramyan
and Armine Hakobyan were appointed members of the State Commission
for the Protection of Economic Competition of the Republic of Armenia
for a 5-years period. Up till now Hrayr Aramyan held the same position
and Armine Hakobyan was a Head of Analysis Department of the Commission,
19/01/2009
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 18/12/09) |
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 |
|
| Forms |
Anti-cartel
enforcemnet template, 22/10/2008
Form
for the Notification of Concentrations
Merger
Procedure: Merger Notification and Procedures Template
|
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
No
information available |
| 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 2007 - 2008
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 15/04/09)
|
All
European Countries |
Overview
(General Information) |
State
antimonopoly policy is part of the economical policy of the Republic
of Belarus with the following directions:
- law
and rulemaking activity in the sphere of competition policy;
- prevention,
restriction and suppression of monopolistic activity of economic
entities and managerial bodies;
- demonopolization
of commodity markets;
- suppression
of unfair competition;
- facilitation
of competition development on commodity markets of the Republic;
- exercise
of control over economic concentration;
- regulation
of the activity of natural monopolies entities within legislation
frame of reference;
- guarantee
of legal protection of fair competition;
- international
cooperation in the sphere of competition policy.
The
functions under the state antimonopoly regulation and control have
been determined in pursuance of the requirements of Laws of the
Republic of Belarus “On counteraction to monopolistic activity and
competition development”, “On natural monopolies”, and other legislative
acts.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Resolutions
of the Ministry of Economy of the Republic of Belarus
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 |
Belarus
to implement 52 priority measures to liberalize economy in 2009, 19/01/2009
|
| 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 15/04/09) |
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
Royal
Decree of 31 October 2006 on procedures with regard to the protection
of economic competition.
Royal
Decree of 31 October 2006 + annex on the filing of complaints and
requests in accordance with Article 44 par.1, 2 and 3 of the Act
on the Protection of Economic Competition, (APEC) consolidated on
15/9/2006
Royal
Decree of 31 October 2006 concerning the issuing of copies of files
in accordance with the act on the protection of economic competition
consolidated on 15th September 2006.
Ministerial
Decree of 31 October 2006 on the method of transmitting the Competition
Council’s file to the Brussels Court of Appeal.
Ministerial Decree of 31 October 2006 on the method of transmitting
the proceedings file from the sectoral regulatory authority to the
Competition Council
Royal
Decree of 31 October 2006 relating to the payment and recovery of
the administrative fines and penalties provided for in the act on
the protection of economic competition, consolidated on 15 September
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
Notice
of the Competition Council on immunity from fines and reduction
of fines in cartel cases.
Template
(Anti Cartel enforcement)
Template
(Merger notification and procedure template)
|
| 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.
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)
The
President of the Belgian Competition Council confirms denial by
the Competition Prosecutor General of a request for interim measures
on the basis of refusal to supply a wholesaler involved in parallel
export of drugs, 02/04/2009
The College of Competition Prosecutors of the Competition Council
confirms that the Competition Service has conducted dawn raids today
the 20th of January 2009 in several laboratories that perform tests
of Bovine Spongiform Encephalopathy (BSE), 20/01/2009
The Belgian Competition Council approves an acquisition in the sector
of pharmaceutical wholesale in Belgium , 08/12/2008
On
7 november 2008, the Belgian Competition Council has approved the
acquisition of Scarlet by Belgacom subject to a number of conditions,
08/11/2008
The
Belgian Competition Council approves the acquisition of BeTV by
TECTEO (VOO®), 31/10/2008
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 - 2002 - OECD
Annual
Report - 2001 - OECD
FPS
(Federal Public Service)- Annual Reports (In French)
AnnualL
Reprot 2008 (In English)
Annual
Report 2007 (In
English)
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
2006
Annual Report
2005
Annual Report
2004
Annual Report
2003
Annual Report
2002
Annual Report
|
Publications
(Papers-Reports- Speeches-Bulletins) |
«
La transformation du Conseil de la concurrence en Autorité
de la concurrence, clé de voûte d’une régulation
de la concurrence moderne, juste et efficace », Bruno Lasserre
Président de l’Autorité de la concurrence, (Janvier
2009)
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
http://economie.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
http://economie.fgov.be/organization_market/competition/home_en.htm
|
| 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. |
| |
|
| Bosnia and Herzegovina
(Last updated 15/04/09) |
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)
|
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.
|
| Guidelines |
|
| Forms |
|
| 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
|
| Press
Releases |
|
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
|
| News |
|
| Contact
Information |
|
| Competition
Authority Website(s) |
|
| |
|
Bulgaria (Last
updated 10/12/08) |
All
European Countries |
Overview
(General Information) |
New
Law on Protection of Competition entered into force on 02 December
2008
The
new Law on Protection of Competition (LPC), promulgated in the State
Gazette, No 102 from 28 November, entered into force on 02.12.2008.
The Law was prepared by the Commission on Protection of Competition
(CPC) with the assistance of the Italian Competition Authority,
a twinning project partner in a PHARE-financed project. The main
objective of the Law is to harmonise the Bulgarian legislation with
the latest achievements of the EU Law and to guarantee more effective
protection of the competition rules.
The
earlier "Law on Protection of Competition" (LPC) entered
into force in May 1998. It covers all sectors of the Bulgarian economy
and retains `the alternative effect` doctrine: it applies to all
undertakings which carry out their activities on the territory of
Bulgaria or outside, if they might or did prevent, restrict or distort
competition in the country.
The LPC prohibits all agreements, decisions of an association or
concerned practices of undertakings that have as their object or
effect infringement of competition. The prohibited agreements are
automatically void. Individual or block exemptions are provisioned
under certain conditions. The Act prohibits as well, abuse of monopoly
or dominant position. Concentrations are subject to control where
the aggregate turnover of the participants on the market concerned
exceeds 7.5 m for the previous year. The concentration is
authorised provided that the latter does not result in the creation
or strengthening of a dominant position with serious impact on the
relevant market. The LPC includes also provisions prohibiting unfair
competition such as infliction of damages on the reputation of competitors,
misleading advertising, imitation, unfair attraction of customers
and disclosure of industrial or trade secrets.
The LPC was substantially amended and the amendments entered into
force on February 4, 2003. They brought the LPC closer in line with
the competition rules of the EU, strengthened the Commission on
Protection of Competition (CPC) investigative competence by providing
powers for on-the spot investigation.
The `de minimis`rule was introduced as a ceiling under which
competition is not affected. The Notion of `collective dominance`
was included. For the first time the law provided for a leniency
regime. The LPC provides also for CPC`s competences in excercising
competition advance advocacy and carrying out sector analyses.
The implementation of the LPC is untrusted to the CPC. It is an
independent central body of the state administration, established
by the Law. The CPC is a collective body.
It consists of seven members - a Chairperson, two Deputy Chairpersons
and four members, elected and dismissed by the National Assembly
for a five-years term of office. he may be re-elected for another
five-year period. In the performance of its activities, the Commission
is assisted by an administration.
by
the Commission on Protection of Competition, Euromoney 2005
As
of January 2007, Bulgaria became a member state of the European
Union therefore the current applicable legislation in force includes
article 81 and 82 of the EC Treaty and all Regulations thereto.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Law
on the Protection of Competition (Published in the SG No 52/1998,
as amended, SG Nos. 112/1998, 81/1999, 28/2002, 9/2003 and 107/2003)
Concessions
Act
Public
Procurement Act
Secondary
legislation on Bulgarian competition law (In Bulgarian, swith
to English and click again on Legislation)
Methodology
on Investigation and Definition of the Market Position of Undertakings
in the Relevant Market
Tariff
of Fees Charged by the Commission on the Protection of Competition
pursuant to the Law on the Protection of Competition
Bulgarian
State Aids Law
|
| Guidelines |
No
information available |
| Forms |
Forms
for Notifications
ICN
Anti-Cartel Enforcement Template
Merger
Notification and Procedures Template
Notification
Under Art. 11 of the Law on the Protection of Competition in Respect
of Agreements, Decisions and Concerted Practices Under Art. 9, Subsection
1
Notification
Under Art. 24 of the Law on the Protection of Competition of the
Intention to Carry out a Concentration Under Art. 21 of the Law
on the Protection of Competition
|
| Co-operation
Agreements and Treaties |
International
- Bilateral Cooperation
European
Union
Documents
detailing negotiations between Bulgaria and the EU on Chapter 6
"Competition Policy" (in Bulgarian)
|
| Selected
Cases |
CPC
decisions |
| Press
Releases |
Press
Releases |
| Annual
Reports |
The
Annual Report of 2007
The
Annual Report of 2006
The
Annual Report of 2005 |
Publications
(Papers-Reports- Speeches-Bulletins) |
New
brochure "Competition policy in Bulgaria"
September
2006 Comprehensive Monitoring Report on the state of preparedness
for EU membership of Bulgaria
May
2006 Comprehensive Monitoring Report on the state of preparedness
for EU membership of Bulgaria
2005 Comprehensive Monitoring Report on the state of preparedness
for EU membership of Bulgaria
Regular reports on Bulgaria`s progress towards accession
|
| News |
Newsletter
Commission
for the Protection of Competition (News)
|
| Contact
Information |
Commission
for the Protection of Competition
18, Vitosha Blvd.
1000 Sofia
Tel: (359-2) 986 0958; (359-2)
988 1221; (359-2) 986 7706
Fax: (359-2) 980 73 15
E-mail: cpcadmin@cpc.bg
|
| Competition
Authority Website(s) |
Bulgaria:
Commission for the Protection of Competition
Republic
of Bulgaria. Ministry of Finance (The Ministry of Finance is
responsible for State aid monitoring)
|
| |
|
Croatia (Last
updated 15/04/09)
|
All
European Countries |
Overview
(General Information) |
About
the Croatian Competition Agency
The
Competition Act in the Republic of Croatia has been in force since
1995. In 2003 there was a third review of the Competition Act that
had to be brought into compliance with the EC acquis communautaire.
The legal ground for the harmonisation with the acquis was set forth
in the Stabilisation and Association Agreement between the European
Communities and its member states and the Republic of Croatia .
The new Competition Act 2003 regulates more precisely the rules
of protection of competition, but also conforms to the new solutions
that have been recently incorporated in the EC regulations. The
new Competition Act has been in application since October 1, 2003.
The Competition Act is based on Article 88 of the Constitution of
the Republic of Croatia. It prohibits all agreements between undertakings,
contracts, single provisions of agreements, explicit or tacit agreements,
concerned practises, decisions on the associations of undertakings
the object or effect of which is to prevent, restrict or distort
competition in the relevant market.
Although
the Agency may not pronounce penalties, the pronouncement of penalties
was given to the authority of misdemeanor courts, whereby the Agency
has kept its specific role in conducting the administrative procedure.
There also high fines for severe violations of the Act based on
the value of the total annual turnover. Fines for other violations
are also very high and they are calculated on the basis of the financial
power of the undertaking.
The managing body of the Agency is the Competition Council. The
president and other members of the Council are appointed by the
Croatian Parliament for a five-year-term.
by
the Croatian Competition Agency
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Act (Official Gazette No 122/03)
Statute
of the Croatian Competition Agency
The
Act has been supplemented by a number of Regulations
to aid implementation of the provisions of the Act.
Regulation
on Notification and Assessment of Concentrations
Regulation
on the Definition of Relevant Market
Regulation
on Agreements of Minor Importance
Regulation
on Block Exemption Granted to Certain Categories of Vertical Agreements
Regulation
on Block Exemption Granted to Certain Categories of Horizontal Agreements
Regulation
on Block Exemption Granted to Agreements on Distribution and Servicing
of Motor Vehicles
Regulation
on Block Exemption Granted to Certain Categories of Technology Transfer
Agreements
Regulation
on block exemption granted to insurance agreements
State
Aid Act of 6 December 2005
|
| Guidelines |
A
Short Guide For Businesses about Croatian Competition Law and the
Croatian Competition Agency
|
| Forms |
Standard
State Aid Notification Form
Croatia
ICN Anti-Cartel Enforcement Template
|
| Co-operation
Agreements and Treaties |
Key
Documents: European Commission - Croatia
Accession
Partnership 2006
Stabilisation
agreement and Association Agreement between the EU and Croatia (2005)
European
Partnership 2004
|
| Selected
Cases |
Croatian
Competition Agency Decisions |
| Press
Releases |
Croatian
Competition Agency Strategy Statement 2007-2008
Press
Releases
|
| Annual
Reports |
Croatian
Competition Agency Annual Reports
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Commission
Staff Working Document Croatia 2006 Progress Report
The
Annual Report on the work of the Croatian Competition Agency concerning
the state aid and annual report for state aid in 2003
|
| News |
Croatian
Competition Agency News |
| Contact
Information |
Croatian
Competition Agency
Croatian Competition Agency
Savska cesta 41
10000 Zagreb
Croatia
Tel:++385
1 617 64 48
Fax: ++385 1 617 64 50
E-mail:
agencija.ztn@aztn.hr
|
| Competition
Authority Website(s) |
Croatian
Competition Agency |
| |
|
Cyprus (Last updated 16/02/09) |
All
European Countries |
Overview
(General Information) |
The
Commission for the Protection of Competition (CCP) was established
in 1990 with the enactment of the Protection of Competition Law
207/89. This law along with the Control of Concentrations between
Undertakings Law 22(I)/99 constitute the foundations of competition
policy. It should also be noted that all secondary legislation of
the EC (Block Exemptions) now forms part of our national legislation,
bringing therefore, our competition laws and policies in line with
the acquis.
The
CPC is assisted in enforcing the law by its Service. The Service
was under the auspices of the Ministry of Commerce, Industry and
Tourism up until the enactment of Law 155(I)/00 towards the end
of 2000, which gave the Service independent body status in accordance
with harmonization guidelines. This Law provided for the appointment
of the Chairman as head of the Service and also made provisions
for the appointment of the members of the Commission by a decision
of the Council of Ministers.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
The
Protection of Competition Law 207/89 and the amendments L111(I)/1999,
L87(I)/00, L155(I)/00, L65(I)/01
Control
of concentrations between Undertakings Law 22(I)/99 and the amendments
L 107(I)/99, L154(I)/00.
Cartel
Immunity and Reduction of a Fine Programme
Regulations:
P.I.
838/2003 Block Exemption (to certain Categories of Agreements, Decisions
and Concerted Practices in the Insurance sector) Order 2003 (424.28
Kb)
P.I.
837/2003 Block Exemption (Certain categories of agreements &
concerted practices in the motor vehicle sector) Order of 1990 (401.2
Kb)
P.I.
365/00- Block Exemptions (Vertical Agreements and Concerted Practises)
Order of 2000 (95.44 Kb)
P.I.
207/00- Block Exemptions (Agreements Between Air Transport Undertakings
concerning Consultations on Passenger Tariffs on Schedule Air Services
and Slot Allocation at Airports) Order of 2000 (68.04 Kb)
P.I.
7/98- Block Exemption (Agreements, Decisions and Concerted Practices
in relation to the Production or Trade in Agricultural Products)
Order of 1998 (62.75 Kb)
P.I.
372/97- Block Exemptions (Technical Co-operation in the Field of
Air Transport) Order of 1997 (52.59 Kb)
P.I.
371/97- Block Exemptions (Agreements, Decisions and Concerted Practices
in the Field of Road Transport) Order of 199 (65.22 Kb)
P.I.
341/97- Block Exemptions (Agreements, Decisions and Concerted Practices
in the Insurance Sector) Order of 199 (81.73 Kb)
P.I.210/97-
Block Exemptions (Liner and Conferences in the Maritime Transport)
Order of 199 (82.57 Kb)
P.I.
211/97- Block Exemptions (Agreements, Decision, and Concerted Practices
bewteen Liner Shipping Companies-Consortia) Order of 1997 (78.5
Kb)
P.I
206/90- Protection of Competition (Applications, Notifications,
Complaints and Publications of Decisions and Applications) Order
of 1990 (Not in force) (85.74 Kb)
|
| Guidelines |
No
information available |
| Forms |
Notification
of Concentration (Schedule III L.21(1)/99)
Complaint
Form
|
| Co-operation
Agreements and Treaties |
European
Union |
| Selected
Cases |
Selected
cases
|
| Press
Releases |
Press
Releases |
| Annual
Reports |
Annual
Reports |
Publications
(Papers-Reports- Speeches-Bulletins) |
No
information available |
| News |
News
and Events
Notification
of concentration between the companies Renaissance Capital Holdings
Ltd and Onexim Holdings Ltd, 17/03/2009
Notification
of concentration between the companies Ivytan AB and Q-Med AB, 12/01/2009
Notification
of concentration between the companies SONY Corporation and SONY
Optiarc Inc., 24/11/2008
Notification
of concentration between the companies Sinergatiko Tamieftirio Agiou
Dometiou Ltd and Synergatiko Tamieftirio Lefkosias, 12/11/2008
|
| Contact
Information |
Competition
and Consumer Protection Division
Ministry of Commerce, Industry and Tourism
CY - 1421 Nicosia - CYPRUS
Tel:
+357-2 + 867 100 or +867 167 or +867 204
Fax: +357-2 + 375 120 or +304 916
Email: mcicompe@cytanet.com.cy, perm.sec@mcit.gov.cy
Commission
for the Protection of Competition
46 Themistokle
Dervi st, Medcon Tower 4th floor, 1066 Nicosia, Cyprus
Tel: 00357-22875910
Fax: 00357-22304944
E-mail: Chairman@competition.gov.cy
|
| Competition
Authority Website(s) |
Commission
for the Protection of Competition
Office
of the Commissioner for Public Aid
|
| |
|
Czech Republic (Last updated 18/12/09) |
All
European Countries |
Overview
(General Information) |
The
competition law of the Czech Republic has been from the beginning
of its modern history in 1991, modeled on the European Union competition
rules based on the prohibition principle with three main areas of
application: agreements distorting competition, abuse of dominant
position and control of concentrations. The level of harmonisation
with the EU rules was further strengthened by adoption on the currently
valid Act No. 143/2001 Coll, on the Protection of Competition ("Competition
Act"), in force as of July 1, 2001. As of the same date, the
Competition Act has been supplemented by eight decrees granting
block exemption to certain categories of agreements distorting competition,
corresponding to the EU block exemption regulations.
Furthermore,
a leniency programme was adopted, providing for a lenient treatment
of cartel participants who voluntarily submit evidence about existence
of an illegal cartel agreement and contribute thus to its disclosure.
Enforcement
of the Competition Act is performed by the Office for the Protection
of Competition, which is a central body of state administration
responsible for the support and protection of competition, fully
independent in its decision-making.
Following
major changes to the EU competition rules in 2004 and in connection
with accession of the Czech Republic to the EU in May 2004, the
Competition Act was amended as of June 2, 2004.
The main purpose of the changes included in this amendment was to
ensure effective implementation of the EU competition rules in the
Czech Republic and to empower the Office to apply Article 81 and
82 of the EC Treaty and cooperate with the European Commission and
other national competition authorities within the framework of newly
established European Competition network.
by
the Office for the Protection of Competition, Euromoney Competition
and Antitrust Review 2005
|
Legislation
(Legal Acts-Regulations-Resolutions) |
On
7 June 2006, the Czech President vetoed the Czech Parliament’s passing
of an amendment to the Competition Act which intended to introduce
a prohibition on the abuse of buying power. It is thought that issues
of buying power can be more than adequately be dealt with under
the present form of the Act.
Act
on the Protection of Economic Competition and
on Amendment to Certain Acts as amended by Act No. 340/2004 Coll.
of 4 May 2004 and Act No. 484/2004 Coll. of 5 August 2004
Act
No. 215/2004 Coll., amending certain relationships within the area
of state aid, and altering the Act on the promotion of research
and development
CONSOLIDATED
ACT ON THE PROTECTION OF COMPETITION - ACT No. 143/2001 Coll. of
4 April 2001 on the Protection of Competition and on Amendment to
Certain Acts (Act on the Protection of Competition) as amended by
Act No. 340/2004 Coll. of 4 May 2004, Act No. 484/2004 Coll. of
5 August 2004, Act No. 127/2005 Coll. of 22 February, Act No. 361/2005
Coll. of 19 August 2005, Act No. 71/2007 Coll. of 4 April 2007,
Act No. 296/2007 Coll. of 1 January 2008 and Act No. 155/2009 Coll.
of 1 September 2009 (unofficial translation)
Act
on Public Procurement
Act
on State Aid
Notification-Procedural
Rules (State Aid)
Control
of concentration
Decree
of the Office for the Protection of Competition No. 252/2009 Coll.
Stipulating details relating to the notification of a concentration
of undertakings (unofficial translation) (31 July 2009)
Decree
of the Office stipulating details relating to the notification of
a concentration of undertakings (notification form).
Expository
Standpoint Concerning Obligatory Notification of Concentrations
Realised Abroad
|
| Guidelines |
Leniency
programme
Cartel
Register
Explanation
to the Electronic Cartel Register
Stateaid/Guidance
notes
Guidance
for companies prevented from competing in foreign markets because
of discriminatory public procurement practices
Guidelines
on the method of setting fines
Notice
on the pre-notification contacts
|
| Forms |
Anti-cartel
Enforcement Template |
| Co-operation
Agreements and Treaties |
(In
Czech)
Certain
Categories of the Vertical Agreement
Certain
Categories of agreements in the field of railway, road and inland
waterway transport
Certain
Categories of agreements in the insurance sector
Certain
Categories of motor vehicle distribution and servicing agreements
Certain
Categories of research and development agreements
Certain
Categories of specialisation agreements
Certain
Categories of technology transfer agreements
Certain
Categories of agreements concerning consultations on prices in passenger
air transport and allocation of airport slots
|
| Selected
Cases |
Regarding
Competition
Regarding
State-Aid
Regarding
Public Procurement
|
| Press
Releases |
Press
releases regarding Competition
Press
releases regarding State-Aid
Press
releases Public Procurement
|
| Annual
Reports |
Annual
Report 2008
Annual
Reports 2000-2007
OECD
Annual Reports
2005
2004
2003
2002-2003
2001-2002
2000
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Information
Bulletin: The Office and the Czech Presidency of the Council of
EU
|
| News |
Press
releases -Competition
Press
releases - State-Aid
Press
releases - Public Procurement
|
| Contact
Information |
Office
for the Protection of Competition
trida Kpt. Jarose 7
604 55 Brno
Czech Republic
Phone:
+420 54216 7233 (Chairman´s secretariat); +420 542 167/288/243/225
(press)
Fax:
+420 542 167 112
e-mail:
posta@compet.cz |
| Competition
Authority Website(s) |
Office
for The Protection of Competition (The Office for the Protection
of Economic Competition is responsible both for anti-trust and State
aid matters in the Czech Republic)
|
| |
|
Denmark (Last updated 15/04/09) |
All
European Countries |
Overview
(General Information) |
Introduction
the Danish Competition Act
Introduction
to the Danish Competition Council
In
May 2007, the Danish parliament amended the Danish Competition Act.
The main features of the amendment were:
• introducing a leniency programme in the Danish Competition Act;
• strengthening the Danish Competition Authority’s investigative
powers in dawn raids (allowing ‘mirroring’ of electronically stored
data and searches of personal pockets, purses, cell phones, USB
sticks, etc);
• granting the Danish Competition Authority (DCA) powers to issue
fines administratively to a business which has admitted an offence,
provided that there is a clear court practice on the level of fines.
Prior to the amendment, the authority to issue fines in Denmark
rested exclusively with the Public Prosecutor’s office; and
• empowering employees of the DCA to represent the Public Prosecutor
in certain minor court cases in the first instance.
A leniency
programme was also introduced along with the amendments and became
effective from 1 July 2007.
(Source:
Global
Competition Review)
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Act (Consolidation Act) Consolidation Act No. 1027 of 21 August
2007
Annex
to Executive Order No. 480 of 15 June 2005 on the Notification of
Mergers
Consolidated
Competition Act No. 539 of 28 June 2002
Documents
on Merger Control in Denmark
Executive
Order on the calculation of turnover in the Competition Act No.
895 of 21 September 2000
Executive
Order No. 480 on Notification of Mergers, 15 June 2005
|
| Guidelines |
Guidelines
on leniency for cartel activities |
| Forms |
Merger
notification and procedures template
Application
for Leniency |
| Co-operation
Agreements and Treaties |
Agreement
between Denmark, Iceland and Norway on Cooperation in Competition
Cases
|
| Selected
Cases |
National
decisions
|
| Press
Releases |
No
information available
|
| Annual
Reports |
Competition
Report 2008
OECD
Annual Reports
2005
2004
2003
2002
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Publications 2008
Publications
2004-2007
Publications
before 2004
Documents
on Merger Control in Denmark
State
Aid Publications
OECD
report: Boosting growth through greater competition in Denmark 2005
|
| News |
Danish
Competition Authority News
The
Committee for Amendment of the Merger Control Rules
ITD
has exchanged illegal information with its members |
| Contact
Information |
Nyropsgade
30
1780
Kobenhavn V
Denmark
Phone:
+45 72 26 80 00
Fax:
+45 33 32 61 44
|
| Competition
Authority Website(s) |
Danish
Competition Authority
|
| |
|
| Eastern
European Region (Last updated 19/06/09) |
All
European Countries |
| Overview |
French
translations of competition laws of 27 Eastern European countries
The
International Bar Association Global Competition Forum website
now features a compilation of competition laws of 27 countries
of the Eastern European region translated in
French. The translations have been provided by
Dr Irena Dajkovic of Clifford Chance LLP, London, UK. Dr Dajkovic
prepared the translations as part of her doctorate study that
was defended in France in 2006.
A
summary of results of this research study was published in the
Review Internationale du Droit Economique, 2006/4, and the thesis
is available for consultation in the French National Library.
The doctorate was partially funded by the Ministry for Education
of the Republic of Montenegro and the French Ministry of Foreign
Affairs.
The
translations in French have been made either directly from the original
text, for those countries where the author speaks the language -
i.e. Montenegro, Serbia, Bosnia-Herzegovina, Croatia and Slovenia,
or from English language into French with the assistance of local
law firms/lawyers specialised in competition law, and who have also
verified the accuracy of the translations. The author wishes to
acknowledge the contribution of local lawyers provided on a pro-bono
basis.
All
translations are set out in a bilingual format so as to allow ease
of reference against the original version of the law. The translations
were last reviewed and updated in January 2006.
The
countries covered are as follows:
Albania
Armenia
Azerbaijan
Belarus
Bosnia-Herzegovina
Bulgaria
Croatia
Czech
Republic
Estonia
Georgia
Hungary
Kazakhstan
Kyrgyzstan
Lithuania
Latvia
Macedonia
Moldova
Montenegro
Uzbekistan
Poland
Romania
Russia
Serbia
Slovakia
Slovenia
Tajikistan
Ukraine |
| |
|
| Estonia (Last
updated 16/04/09) |
All
European Countries |
Overview
(General Information) |
Estonia's
first Competition Act was enacted in 1993. The adoption of the Competition
Act was the first step in creating prerequisites for protecting
free competition in Estonia, but first of all it marked a decisive
change in the way of economic thinking.
Then
on 1 October 1998, Estonia adopted a new Competition Act which brought
its competition laws more into line with Europe. This was done with
the intention of furthering negotiations with the EU regarding its
status as a candidate country.
A necessity
to further develop the Act in respect of merger control and state
aid regulation and to improve the provisions on proceedings, then
gave reason for starting preparations for drafting a new, third
version of the Competition Act. The new Act was passed on June 5,
2001 and entered into force on October 1, 2001.
The
new Act is based on the principles of Articles 81 and 82 of the
Treaty of Rome, but also on the principles of Articles 31, 86 and
87.
The
Act prohibits restrictive agreements, concerted practices and abuse
of dominant position, which directly or indirectly restrict free
competition.
The
Act prohibits agreements, concerted practices or decisions of alliances
of undertakings, the purpose or result of which is restriction of
free competition. For the purposes of this Act an agreement is understood
as any agreement, contract or other transaction, as well as, concerted
practice between undertakings.
The
Act stipulates a possibility to apply for exemptions in respect
of agreements, concerted practices, or decisions of alliances of
undertakings that may distort free competition providing such agreements,
practices or decisions have certain positive effects on the economy
or benefits for consumers.
The
Competition Act provides that the Government of the Republic of
Estonia may, at a proposal made by the Minister of Finance, to establish
block exemptions for certain categories of agreements, practices
or decisions, i.e. to remove prohibition from certain categories
of agreements, practices or decisions. As a result of that, there
would be no need for every undertaking to submit to the Competition
Board an application for exemption concerning any agreement, decision
or practice, which meets the requirements set for block exemptions,
as stipulated in the Government regulation granting the block exemptions.
The
new Act contains new provisions that establish limitations and obligations
to the activities of an undertaking controlling essential facility.
The limitations and obligations of an undertaking controlling essential
facility are similar to those formerly provided in respect of a
natural monopoly.
The
Act establishes conditions for granting state aid and its supervision
that is exercised by the Ministry of Finance.
The
provisions related to state aid are the first steps on the way to
implement common and unified principles for state aid.
The
new Act stipulates also control over concentrations. The Competition
Board may prohibit undertakings from concentration in case this
causes or strengthens a dominant position in the market that has
significantly restrictive effect on the competitive situation in
the goods market.
The
provisions related to unfair competition prohibit any acts restricting
free enterprise, that are contrary to good practices and customs,
including publication of misleading information, presenting or ordering
misleading information for publication, disparagement of competitors
goods, misuse of confidential information, taking advantage of an
employee or representative of another undertaking. According to
the new Act, the cases of unfair competition can be handled only
in an administrative court procedure, i.e. they do not any more
belong to the competency of the Competition Board.
State
Supervision
The
Competition Board exercises state supervision in respect of compliance
with the Competition Act.
The
Competition Board was established on October 21, 1993 and it is
subordinated to the Ministry of Economic Affairs and Communications
. The number of personnel employed has changed in accordance with
the increasing workload and currently the number of employees is
47.
The
main tasks of the Competition Board are:
to
exercise supervision in respect of compliance with the Competition
Act and the corresponding regulations;
to investigate the agreements and contracts restricting competition;
to grant permission to agreements, practices or decisions that restrict
competition;
to process the cases of abuse of dominant position by undertakings;
to examine the competitive situation in different goods markets
and to make proposals to improve the competitive situation;
to prepare measures facilitating competition and to make proposals
for the adoption or amendment of legal acts;
to exercise control in respect of concentrations;
to co-operate with competition authorities of other states and alliances
of states;
to organise training in competition law issues and disseminate competition
related information.
The
Competition Board is entitled to request information from any legal
or natural person or their representatives, as well as, from any
central or local government agency, or from officials representing
them, in order to exercise supervision and to perform the functions
vested in it.
by
the Estonian Competition
Authority (formerly known as the Estonian Competition Board)
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Legislation
Amendments
to the regulation of liability under Estonian Competition Law, 15
March 2007
The
Competition Act (consolidated text July 2006)
The
Competition Act (consolidated text March 2003)
The
Competition Act (RT1 I 2001, 56, 332) new (in force from 1st Oct.
2001)
Government
of Republic Regulation No 303 of 25 September 2001 "Procedure
for Arrangement of public Competition for Granting Special or Exclusive
Rights" (RT I 2001, 78, 469; 2002, 88, 510)
Government
of Republic Regulation No 196 of 18 June 2002 "Grant of Permission
to Enter into Horizontal Agreements Which Restrict or May Restrict
Free Competition (group exceptions) (RT I 2002, 52, 331)
Government
of Republic Regulation No 195 of 18 June 2002 "Grant of Permission
to Enter into Vertical Agreements Which Restrict or May Restrict
Free Competition (group exceptions) (RT I 2002, 52, 330)
Government
of Republic Regulation No 297 of 25 September 2001 "Grant of
Permission to Enter into Technology Transfer Agreements Which Restrict
or May Restrict Free Competition" (RT I 2001, 78, 463)
Government
of the Republic Regulation No 295 of 25 September 2001 "Grant
of Permission to Enter into Agreements on Certain Categories Which
Restrict or May Restrict Competition" (RT I 2001, 78, 461;
2002, 52, 330; 2004, 15, 108) including:
Block
exemption in respect of motor vehicle distribution and servicing
agreements
Government of the Republic Regulation No 130 of 26 April 2004 "Grant
of Permission to Enter into Motor Vehicle Distribution and Servicing
Agreements Which Restrict or May Restrict Competition (Block exemption)
" (RT I, 28.04.2004, 31, 220)
Minister
of Economic Affairs and Communications Regulation No 2 of 6 November
2002 "Procedure for Submission of Application for Exemption"
(RTL2 2002, 128, 1866);
State
Aid Regulations
(Government
of the Republic Regulation No 299 of 25 September 2001 "Special
Conditions for Granting State Aid to Employment" (RT I 2001,
78, 465); - forthcoming))
(Government
of the Republic Regulation No 300 of 25 September 2001 "Special
Conditions for Granting State Aid for Training" (RT I 2001,
78, 466); - forthcoming))
(Government
of the Republic Regulation No 301 of 25 September 2001 "Special
Conditions for Granting State Aid for Environmental Purposes"
(RT I 2001, 78, 467); - forthcoming))
(Government
of the Republic Regulation No 302 of 25 September 2001 "Special
Conditions for Granting State Aid for Transport by Rail, Road and
Inland Waterway" (RT I 2001, 78, 468); - forthcoming))
(Government
of the Republic Regulation No 304 of 25 September 2001 "Special
Conditions for Granting de Minimis State Aid" (RT I 2001, 78,
470); - forthcoming))
(Government
of the Republic Regulation No 305 of 25 September 2001 "Special
Conditions for Granting State Aid for Small and Medium-Sized Enterprises"
(RT I 2001, 78, 471; - forthcoming))
(Government
of the Republic Regulation No. 306 of 25 September 2001 "Special
Conditions for Granting State Aid for Research and Development"
(RT I 2001, 78, 472; - forthcoming)
(Government
of the Republic Regulation No 307 of 25 September 2001 "Special
Conditions for Granting Regional Aid" (RT I 2001, 78, 473;
- forthcoming))
(Government
of the Republic Regulation No 314 of 2 October 2001 "Special
Conditions for Granting State Aid for Rescue and Restructuring"
(RT I 2001, 80, 486; - forthcoming))
(Government
of the Republic Regulation No 346 of 13 November 2001 "Special
Conditions for Granting State Aid in the Form of Guaranties"
RT I 2001, 91, 545; - forthcoming))
(Minister
of Finance Regulation No 84 of 5 October 2001 "Application
Form for Permission to Grant State Aid" (RTL 2001, 114, 1615;
- forthcoming))
(Minister
of Finance Regulation No 92 of 17 October 2001 "Application
Form for Permission to Grant Rescue Aid" (RTL 2001, 117, 1682;
- forthcoming))
(Minister
of Finance Regulation No 93 of 17 October 2001 "Application
Form for Permission to Grant Restructuring Aid" (RTL 2001,
117, 1683 - forthcoming))
|
| Guidelines |
Minister
of Economic Affairs and Communications Regulation No 68 of 17 July
2006 "Guidelines for Calculation of Turnover of Parties to
Concentration" (RTL 2006, 59, 1061 )
Minister
of Economic Affairs and Communications Regulation No 69 of 17 July
2006 "Guidelines for Submission of Notices of Concentration"
(RTL 2006, 59, 1062)
|
| Forms |
ICN
Anti-Cartel Enforcement Template |
| Co-operation
Agreements and Treaties |
European
Competition Authorities Report on Mergers and Alliances in Civil
Aviation
|
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
Annual
Reports
Annual
Report 2006
European
Competition Authorities Report of the ECA Air Traffic Working Group
|
Publications
(Papers-Reports- Speeches-Bulletins) |
OECD
Economic Review of Estonia
Competition
Issues in Retail Banking and Payments Systems Markets in the EU,
Financial Services Sub-group, 2006 |
| News |
No
information available
|
| Contact
Information |
Konkurentsiamet-Estonian
Competition Authority
Address: Auna 6, 10317 Tallinn, Estonia
Tel:
+372 667 2400
Fax: +372 667 2401
E-mail:info@konkurentsiamet.ee
|
| Competition
Authority Website(s) |
Konkurentsiamet
Estonian Competition Authority
Ministry
of Finance (The Division of Competition and State aid within
the Ministry of Finance is responsible for State aid matters)
|
| |
|
European Union (Last updated 16/04/09) |
All
European Countries |
Overview
(General Information) |
Overview
Brochure
on competition policy
Antitrust
Cartels
Mergers
Liberalisation
State
aid control
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Articles
of the Treaties Article
81 of the EC Treaty (ex Article 85)
Article
82 of the EC Treaty (ex Article 86)
Article
83 of the EC Treaty (ex Article 87)
Article
84 of the EC Treaty (ex Article 88)
Article
85 of the EC Treaty (ex Article 89)
Article
86 of the EC Treaty (ex Article 90)
ANTITRUST
The European Commission-Antitrust Legislation
CARTELS
The
European Commission-Cartels Legislation
MERGERS
The
European Commission-Merger Legislation
LIBERALISATION
The
European Commission-Liberalisation Legislation
STATE
AID
The
European Commission-State Aid Legislation (4 April 2008)
|
| Guidelines |
Community
Guidelines for State Aid for Environmental Protection (April 2008)
Guidelines
for merging companies with vertical or conglomerate relationship
(Nov 2007)
Vademcum
Community Rules on State Aid (Feb 2007)
New
guidelines were adopted on 28th June 2006 on the method of setting
fines for breaches of articles 81 and 82 of the EC Treaty.
The
guidelines introduce three significant changes:
1)
the method for determining the “basic amount” of the fine
The Commission has introduced a “basic amount” calculation which
is determined by multiplying the percentage value of the sales to
which the infringement relates with the number of years that the
company has been in breach of the law.
As a general rule, the proportion of the value of sales taken into
account will be set at a level of up to 30%. However, in determining
the exact value of sales percentage to serve as a base, the Commission
will take into account a number of factors, including the nature
of the infringement, the combined market share of all of the companies
concerned, the geographic scope of the infringement, as well as
whether or not the infringement has been implemented.
2)
the imposition of an “entry fee”
The
Commission will automatically fine a company 15-25% of its annual
sales if it enters into a cartel or engages in other serious infringement
activities.
3)
an increase of up to 100% of the fine for repeat offenders
The guidelines, however, do not affect the statutory maximum fine
of 10% of a company’s total annual turnover set forth in Regulation
1/2003.
On
19 July 2006, the European Commission also adopted new Guidelines
on state aid to promote risk capital investments in small and medium-sized
enterprises (SMEs).
The
new guidelines will have effect until 31 December 2013. They will
apply to all notified risk capital measures in respect of which
the Commission must take a decision after their publication in the
Official Journal, even if the measures were notified prior to the
publication date.
(Source:
Morrison & Foerster)
|
| Forms |
State
Aid Complaint Form (New online form as of 14/04/2008) |
| Co-operation
Agreements and Treaties |
The
European Competition Network
International
- Bilateral cooperation
International
- Multilateral cooperation
|
| Selected
Cases |
Antitrust
Cases
Mergers
Cases
Liberalisation
decisions
State
Aid Register
Court
of Justice and Court of First Instance
|
| Press
Releases
|
European
Commission Press Releases
|
| Annual
Reports |
Annual
Reports On Competition Policy
OECD
Economic Survey of the European Union 2007: Strengthening Competition
Policy
OECD
report Competition Law and policy in the European Union (2005)
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Competition
policy newsletter
State-Aid weekly e-news
Others:
Documentation,
Publications, Speeches and Articles
Antitrust
- Other documents
Mergers
- Other documents
Liberalisation
- Other documents
State Aid - Other Documents
|
| News |
Public
Consultations
Calls
for tenders and proposals
|
| Contact
Information |
European
Commission, Directorate - General Competition
Rue de la Loi 200, B-1049
Bruxelles/Wetstraat 200, B-1049
Brussels
Belgium
Office: J-70 05/193
Tel: (+32-2) 299 11 11 (exchange)
Fax: (+32-2) 295 54 37
Email: infocomp@ec.europa.eu
|
| Competition
Authority Website(s) |
European
Commission, Competition Directorate-General
|
| |
|
| Faroe Island
(Last updated 16/04/09) |
All
European countries
|
Overview
(General Information) |
The
Faroe Islands have had an independent competition authority and
competition law for several years, but the new law which came into
effect on the 1st of January 2008 is a milestone
in the Faroese competition history.
The
new law is similar to Denmark's Competition Act, with provisions
against anti-competitive behaviour and abuse of market dominance
as well as merger control. The competition authority has the power
to prohibit a merger that may lead to a substantial lessening of
competition. The new law also shifts the focus from control to prohibition,
with provisions similar to that of Article 81 and 82 in the European
Union.
(Source:
Faroese
Competition Authority)
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Act, Act No. 35 of 3 May 2007 (came into force on 1 January 2008)
Competition
Act, Statute No. 83 of 6 June, 1997
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Agreement
with EU, Government of Denmark and Home Government of the Faroe
Islands - Articles 25 and 29 of the agreement concern competition
policy
Agreement
of free trade between the Republic of Poland and the government
of Denmark and the home government of the Faroe Islands
|
| 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 |
Competition
Council of Faroe Islands
Kappingarráðið
Skálatrøð 20
P. O. Box 73
FO 110 Tórshavn
Telefon: +298 35 60 40
Telefax: +298 35 60 55
Mr.Terje
Sigurðsson:Tel +298 320 369
E-mail: terje@kapping.fo
Ministry
of Trade and Industry
Tinganes - Postbox 377
FO-110 Tórshavn - Faroe Islands
Tel. +298 35 60 60- Fax +298 35 60 65
E-mail: vmr@vmr.fo
|
| Competition
Authority Website(s) |
Competition
Council of Faroe Islands
|
| |
|
| Finland
(Last updated 09/02/09)
|
All
European Countries |
Overview
(General Information) |
Founded
in 1988, the Finnish Competition Authority operates under the Ministry
of Trade and Industry. Its objective is to protect sound and effective
economic competition and to increase economic efficiency in both private
and public-sector activity.
The FCA intervenes
with competition restraints which violate the Act on Competition
Restrictions and the EU competition rules, and generally contributes
to the functioning of competition. Additionally, the FCA monitors
mergers and acquisitions, and handles the international tasks falling
under its competence. By promoting and supervising competition,
the FCA guarantees a free and workable competition and equal competition
conditions for companies.
The FCA’s activities
aim at increasing welfare in the society. The customers and consumers
benefit from the well-functioning markets through increased choice,
innovations and a better quality of products and a more inexpensive
price thereof.
The FCA has
a staff of 70 and is headed by Director General Juhani Jokinen.
The FCA is located at Siltasaari in Helsinki and its visiting address
is Pitkänsillanranta 3 A. (Source: Finnish
Competition Authority)
|
Legislation
(Legal Acts-Regulations-Resolutions) |
The
Ministry of Trade and Industry has nominated a working group to
evaluate the need for reform of the Competition Act. It is expected
that the working group will release its proposals by the end of
2008. (Source: Practical
Law Company)
Act
on Competition Restrictions as amended in 2004
The
Market Court Act (1527/2001)
The
Competition Council has been replaced by the new Market Court. The
new Market Court Act has been effective as of 1 March 2002. The
Market Court Act, inter alia, replaces the Act on Competition Council.
Act
on Competition Restrictions (480/1992), amended by (447/1994), (448/1994),
(600/1995), (908/1995) and (303/1998). The Act on Competition
Restrictions has changed slightly and therefore the Finnish Competition
Authority recommends referring to its website
Act on the Finnish Competition Authority
(711/1998), amended by (482/1992)
Decree on the Finnish Competition Authority
(66/1993), amended by (1426/1994) and (175/1999)
Notification of Concentrations (499/1998)
Calculation
of Turnover in Concentration Cases (498/1998)
Finland:Report
on National Antitrust and Competition Legislations "This
Report, coordinated by the Directorate for Research and Institutional
Relations of the Italian Competition Authority, has been compiled
by the Antitrust Authorities of EU and EFTA member States"
Merger
control
|
| Guidelines |
Guidelines
on the Application of Articles 8 and 9 of the Act on Competition
Restrictions (reduction and non-imposition of competition infringement
fine)
Guidelines
on the Revised Provisions on the Control of Concentrations
Guidelines
on the Obligation to Notify a Concentration
Decree
on the Calculation of Turnover of a Party to a Concentration
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Accession
Agreement with the EU |
| Selected
Cases |
Selected
Cases (Introduces and summarizes some of the more interesting
cases of the Finnish Competition Authority, the former Competition
Council, the new Market Court and the Supreme Administrative Court)
Energy
and Public Utilities
Trade
and Industry
Communications
Finance
and Insurance
Government and the Markets
Concentration
Cases
|
| Press
Releases |
Press
Releases
|
| Annual
Reports |
Annual
Report - OECD - 2005
Annual
Report - OECD- 2004
Annual
Report - OECD- 2003/04
Annual
Report - OECD- 2002/03
Annual
Report - OECD- 2001/02
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Workshop
on Market. Definition - compilation of papers. The compilation
is not available in electronic form but can be ordered from the
Finnish Competition Authority at tiedotus@kilpailuvirasto.fi
FCA's
yearbook 2007
FCA's
yearbook 2006
FCA's
yearbook 2005 (in Finnish)
FCA's
yearbook 2004 (in Finnish with English summary)
FCA's
yearbook 2003
FCA's
yearbook 2002
FCA's
yearbook 2001
FCA's
yearbook 2000 (English summary)
"Efficiency
through Competition" International Brochure
Capacity
for Competition - Investing for an Efficient Nordic Electricity
Market September 2007)
Competition
in Nordic Retail Banking (August
2006)
Nordic
Food Markets – a taste for competition (December 2005)
Telecompetition,
Towards a single Nordic market for telecommunication services? (October
2004)
Competitive
Airlines, Towards a more vigorous competition policy in relation
to the air travel market
A
Powerful Competition Policy, Towards a more coherent competition
policy in the Nordic market for electric power
|
| News |
FCA
introduces an industry-based organisation (02 February 2009)
News
Archive
|
| Contact
Information |
Finnish
Competition Authority
Address: Pitkänsillanranta 3, P.O.B. 332,
FIN-00531 Helsinki, Finland
Tel: +358 9 731 41
Fax: +358 9 7314 3328
E-mail: kirjaamo@kilpailuvirasto.fi
NB. All personal e-mail addresses are of the type:
firstname.surname@kilpailuvirasto.fi
Inquiries and feedback on the website: tiedotus@kilpailuvirasto.fi
The
Administrative Court
Mailing Address
P.O.Box 180
FIN-00131 Helsinki, Finland
Visiting Address
Unioninkatu 16,
Helsinki, Finland
Telefax Number
+ (358) (09) 1853 382
+ (358) + 9 + 1853 382
E-mail: korkein.hallinto-oikeus@om.fi
Telephone Exchange
+ (358) + 9 + 18531
Customer Service
+ (358) (09) 1853 233
For
more information about contact details, please click here.
|
| Competition
Authority Website(s) |
Finnish
Competition Authority
Market
Court
The
Supreme Administrative Court
|
| |
|
| France (Last
updated 18/12/09)
|
All
European Countries |
Overview
(General Information) |
Competition
law is dealt with in France at three levels. The main body responsible
for the enforcement of antitrust legislation is the Conseil de la
Concurrence (Competition Council), a 17-member administrative body
which, under the Commercial Code, is empowered to investigate and
punish any infringement of Articles L. 420-1 and L. 420-2 of the
Commercial Code, which prohibit concerted practices and abuses of
dominant position. The Conseil de la Concurrence is also competent
to ensure the enforcement of Articles 81 (ex-85)and 82 (ex-86) of
the EU Treaty. It may act either on its own initiative or following
a complaint by a third party or a referral from the DGCCRF, a French
government body which monitors the market to prevent competition
infringements (see below). Fines of up to 10 per cent of the infringing
company’s highest worldwide turnover achieved during one of the
fiscal years prior to the practices may be imposed by the Conseil
de la Concurrence. Cases on appeal from the Conseil de la Concurrence
are heard by the Paris Court of Appeals.
The
Ministry of Economy plays an important part in the enforcement of
competition rules. It has a specific department, the Direction Générale
de la Concurrence, de la Consommation et de la Répression
des Fraudes (DGCCRF), which ensures that consumer protection and
competition rules are correctly applied in the French market. Though
this body does not have the power to penalise undertakings for anti-competitive
behavior, its role in the enforcement of French antitrust policies
is of great importance as it may refer on to the Conseil de la Concurrence
or judicial authorities any behavior which it feels is contrary
to the Ordonnance.
Concentration
cases are decided exclusively by the Minister of the Economy, who
must however refer the case to the Conseil de la Concurrence for
advice where a prohibition is considered. Cases on appeal from the
Minister of the Economy are heard by the Conseil d’Etat (the French
supreme administrative court).
Judicial
authorities may also decide antitrust cases initiated by individuals
or by the DGCCRF. Unlike the Conseil de la Concurrence, judicial
authorities may not fine infringing undertakings but have the power
to declare void any anti-competitive agreements and to award appropriate
compensation if necessary. Moreover, infringements relating to Title
IV of the Commercial Code and Article L. 442-6 in particular are
their exclusive competence.
In
practice, the competition powers of these authorities mainly relate,
concentration issue aside, to the enforcement of Articles L. 420-1,
L. 420-2 and L. 442-6 of the Commercial Code.
Drafted
along the same lines as Articles 81 and 82 of the Treaty of Rome,
Articles L. 420-1 and L. 420-2 of the Commercial Code are designed
to prevent any conduct which reduces competition in the market.
Article L. 420-1 thus prohibits all agreements or concerted practices
which might have as their object or effect to restrict competition.
Practices considered as constituting anti-competitive behavior are
those which tend to limit access to the market and the free determination
of prices and volumes on the market. Article L. 420-2, §1 prohibits
any abuse of a dominant position, while Article L. 420-2, §2
forbids the abusive exploitation by an undertaking of a state of
economic dependency another undertaking may have in relation to
it. Article L. 442-6 prohibits per se discriminatory pricing and
abrupt termination or infringement of distribution networks, even
in the absence of a dominant position or of an anti- competitive
agreement.
By
Jacques Buhart, Herbert Smith
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Code
of Commercial Law (as of 6 January 2006).
The
new economic regulations act
The provisions regarding competition law contained in the New Economic
Regulations Act of 15 May 2001 have called for an amendement to
Book IV of the Code of Commercial Law.
|
| Guidelines |
Procedural
notice of 17 April 2007 relating to the French Leniency Programme
Lignes
directrices relatives aux controles des concentrations as of 02
May 2007 (In English)
|
| Forms |
Anti
Cartel Enforcement Template of 27 Feb 2006 |
| Co-operation
Agreements and Treaties |
Charte
de coopération et d'objectifs DGCCRF/Conseil (In French) |
| Selected
Cases |
National
Court judgments
Suivi
des Décisions, publiées au BOCCRF depuis janvier 2003
(In French)
Suivi
des Décisions du Ministre en matière de concentration,
publiées au BOCCRF depuis janvier 1999
Derniers
avis et décisions publiés' (in French)
Paris
Court of Appels
|
| Press
Releases |
Conseil
de la Concurrence: Press
releases |
| Annual
Reports |
Counseil
de la Concurrence: Annual
reports
Annual
Report - OECD - 2004 (in French)
Annual
Report - OECD - 2003
Annual
Report - OECD - 2000
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Publications
Cartel
Regulation - Mondaq article by Marc Lévy and Natasha
Assadi-Tardif (September 2009)
Bulletin
officiel de la Concurrence, de la Consommation et de la Répression
des fraudes - BOCCRF (In French)
|
| News |
Actualités
de la DGCCRF ( In French)
|
| Contact
Information |
Conseil de la Concurrence
11, rue de l'Echelle
75 001 PARIS, France
Tel: +33 1 55 04 00 00
Fax: +33 1 55 04 00 33
Direction
Generale de la Concurrence de la Consommation et de la Repression
des Fraudes
Director General Mr. Benoit Parlos
59, blv, Vincent Auriol 75703 Paris
dirgen@dgccrf.financs.gouv.fr
|
| Competition
Authority Website(s) |
France’s
new competition watchdog, the Autorité
de la Concurrence, was officially established on 13 January,
2009. The watchdog is the result of a merger between the Conseil
de la Concurrence. The Competition Council and
part of the Directorate
General for Competition, Consumer Policy and Repression of Fraud,
the division of the Ministry of Economy responsible for competition.
The
new Autorité will have enlarged powers and competencies,
and will be in charge of merger control.
French
competition law is enforced by two administrative bodies and by
courts.
The
Ministry of Economy, Finance and Industry (the Ministry) and the
Directorate
General for Competition, Consumer Policy and Repression of Fraud
(Direction Générale de la Concurrence, de la Consommation
et de la Répression des Fraudes, the DGCCRF)
Conseil
de la Concurrence. The Competition Council
Criminal,
civil, commercial, and administrative courts have jurisdiction to
apply both EC and French competition rules relating to anti-competitive
practices. Restrictive trade practices are enforced by courts only,
as the Council does not have jurisdiction to rule on such practices.
|
| |
|
Georgia (Last updated 01/03/10) |
All
European Countries |
Overview
(General Information) |
A
new competition law 'On Free Trade and Competition' was adopted
by the Gerogian Parliament in 2005 thereby repealing the earlier
law "On Monopoly Activity and Competition".
The
Partnership and Cooperation Agreement made between Georgian and
the European Union in 1996 outlines key directions (Article 44),
which should be accorded particular attention in the course of harmonisation
of domestic competition law with that of the European Union, amongst
them: agreements and associations between undertakings and concerted
practices which may have the effect of preventing, restricting or
distorting competition; abuse by undertakings of a dominant position
in the market; state aids which have the effect of distorting competition;
state monopolies of a commercial character; public undertakings
and undertakings with special or exclusive rights; review and supervision
of the application of competition laws and means of ensuring compliance
with them.”
Georgian
Law "On Free Trade and Competition" does not apply to
such manifestations of business restricting practices, as anti-competitive
agreements (horizontal and vertical), monopolistic activity (abuse
of monopolistic position), concentration of market power (mergers
and acquisitions) and covers only the anti-competitive actions by
the government with respect to state aid. The Law prohibits the
discrimination of economic agents in the course of issuance of state
aids. However, the Law is inconsistent in this respect as well,
that it excludes the efficient practical implementation of these
provisions."
|
Legislation
(Legal Acts-Regulations-Resolutions) |
The
Georgian Law “On Free Trade and Competition”
The
Law of Georgia on Monopolistic Activity and Competition
(repealed)
Amendment
on basic Competition Georgian Law by Law 1553/2002
Competition-related
extracts from the Partnership and Co-operation Agreement between
the European Communities and their Member States, of the one part,
and Georgia, of the other part.
|
| Guidelines |
No
information available
|
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Partnership
and Cooperation Agreement between the European Communities and their
Member States, of the one part, and Georgia, of the other part.
Bilateral
Situation between European Union and Georgia
|
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports- Speeches-Bulletins) |
Policy
Paper on Competition by Ketevan Lapachi, August 2009
(new)
Anti-monopoly
Regulation in a Transition Country: The Example of Georgia by Ketevan
Lapachi
This
paper has also been published in the European Competition Law Review,
Volume 22, Issue 9 (September 2001, London, "Sweet & Maxwell"),
pp. 374 –382
An
Examination of the Present Competition Law of Georgia Using Pittman’s
Criteria by Ketevan Lapachi
The
paper has also been published in The Antitrust Bulletin, - The Journal
of American and Foreign Antitrust and Trade Regulation (Published
in the USA by Federal Legal Publications, Inc.),Vol. XLVII, Number
1, Spring 2002, pp. 187 – 215
Comments
to the Law of Georgia On Free Trade and Competition by Juan Ramon
Iturriagagoitia, March 2006
Some
Aspects for the Improvement of Mechanisms of Control Over the Monopolistic
Behaviour by Ketevan Lapachi, Gerogian Law Review, Second Quarter,
2001
Natalya
Yacheistova, Competition Policy in countries under transition :
Legal basis and practical experience
Competition
in Georgia, Transaparency International Georgia
Competitive
Policy and Enforcement of Antimonopoly Legislation in Georgia: The
Level of Approxiamtion with the EU Competition Provisions and the
Necessity of further Harmonization, Ketevan Lapachi, Tbilisi 2008 |
| News |
Georgia:
Curb Monopolies to Prevent Price Hikes – Saakashvili Tells Ministers |
| Contact
Information |
Free
Trade and Competition Agency
Email: ministry@economy.ge
28
Gamsakhurdia Ave.
0160 Tbilisi, Georgia
Tel: (995-32) 38 12 85
fax:(995-32) 38 12 83
|
| Competition
Authority Website(s) |
Free
Trade and Competition Agency
|
| |
|
| Germany
(Last updated 18/12/09)
|
All
European Countries |
Overview
(General Information) |
|
Legislation
(Legal Acts-Regulations-Resolutions) |
A
reform bill for the eighth amendment to the GWB (GWB-NEW) passed
Parliament in early 2007 and is expected to entered into force on
1 January 2008.
Section 20 of the GWB-NEW contains a new provision in paragraph
4, which prohibits large retailers from selling foodstuffs below
cost unless the sale is objectively justified.
Section 29 of the GWB-NEW contains specific rules for abusive conduct
by dominant suppliers of electricity or gas. This new provision,
which will expire in 2012, is designed to facilitate the cartel
authority's ability to investigate potentially excessive prices
or unfair conditions, in particular by shifting the burden of proof
to the dominant undertaking. In addition, the cartel authority can
order the immediate enforcement of the decision. (Source: Practical
Law Company)
The
statutory basis for the examination of concentrations is the Act
against Restraints of Competition: ARC (Gesetz gegen Wettbewerbsbeschränkungen:
GWB1 - Section 35 et seq.). The examination of concentrations in
Germany is the exclusive responsibility of the Bundeskartellamt
(Federal Cartel Office). Pre- and post-merger notifications must
be submitted in German. The ARC is not applicable in cases where
the European Commission has exclusive responsibility under the EC
Merger Regulation.
Wiht
the 8th amendment of the German “Act against Restraints of Competition”
(Gesetz gegen Wettbewerbsbeschränkungen, ARC) Germany intensifies
the cartel law provisions on the abuse of a dominant market position
with respect to the energy and the food trade sector.
7th
Amendment of the Act Against Restraints of Competition (as published
on 12 July 2005, Federal Gazette I, p. 1954; In German)
Leniency
Programme (Notice no. 9/2006 on the immunity from and reduction
of fines in cartel cases of 7 March 2006)
The
Act Against Restraints Of Competition
List
of Recent Amendments to The Act
Full
text of the 2004 Act against Unfair Competition (in German)
Telecommunications
Act
|
| Guidelines |
Guidelines
on notification of a proposed concentration to the Bundeskartellamt
pursuant to section 39 ARC
Notice
No. 38/2006 on the guidelines of the Bundeskartellamt relating to
the setting of fines
Overview of Bundeskartellamt's activities
A
Consolidated Version of the Bundeskartellamt's current Activity
Report 1999/2000
Further
Information Leaflets and notices of the Bundeskartellamt
|
| Forms |
ICN
Template on Merger Control
ICN
Anti-Cartel Enforcement Template
|
| Co-operation
Agreements and Treaties |
Federation
Laender Agreement with EU Cooperation |
| Selected
Cases |
BundesKartellamt
German
Court judgments
Decision
of the FCO (BundesKartellamt) on the Lufthansa case
The
Volkswagen AG v. Commission case (Official journal of the EC)
The
merger of E.ON and Ruhrgas
|
| Press
Releases |
News
and Press Releases 2008 (by
the BundesKartellamt, The Federal Cartel Office)
News
and Press Releases 2007 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 2006 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 2005 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 2004 (by
the BundesKartellamt, The Federal Cartel Office)
News
and Press Releases 2003 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 2002 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 2001 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 2000 (by the BundesKartellamt, The Federal
Cartel Office)
News
and Press Releases 1999 (by the BundesKartellamt, The Federal
Cartel Office)
Press
Releases (by the Monopolkommission,
Monopolies Commission), (in German)
The
Commission warns Deutsche Bahn about discriminating against a private
competitor
The
Commission fines five German banks for fixing the price for the
exchange of euro-zone currencies
Germany
Roaming case: Commission approves 3rd Generation mobile network
sharing
SIEMENS
announces clearance from German Federal Cartel Office for the acquisition
of CTI MOLECULAR IMAGING, INC
|
| Annual
Reports |
OECD,
Competition Policy, Industrial Policy and National Champions: Contribution
from Germany, (10/02/09)
Annual
Report OECD 2007
Annual
Report OECD 2005/2006
Annual
Report OECD 2004/2005
Annual
Report OECD 2003/2004
Annual
Report OECD 2002/2003
Annual
Report OECD 2001/2002
Annual
Report OECD 2000/2001
Activity
Reports
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Turnover
Thresholds Introduced In February 2009 By The German Competition
Authority ("BKartA") Mean Exemptions For Property Transactions
Are Made Redundant And Are Decreed Null And Void – Mondaq
Article by SJ Berwin's EU & Competition Team, 25 November
2009
German
Federal Cartel Office Steps Up The Enforcement Against Resale Price
Maintenance - Mondaq Article by Johannes Zöttl, Jones Day,
Frankfurt, 24 November 2009.
Germany:
Developments In German Competition And Antitrust Law—Better Safe
Than Sorry. 26 March 2009
Roundtable
on Dynamic Efficiencies in Merger Analysis, 01/06/2007
Roundtable
on Energy Security and Competition Policy, 15/02/2007
Roundtable
on Vertical Mergers, 09/02/2007
Roundtable
on Competition in Bidding Markets, 12/10/2006
Discussion
Papers
A
New Era for Private Antitrust Litigation in Germany? A Critical
Appraisal of the Modernized Law against Restraints of Competition.
Article by Wolfgang Wurmnest, 6 German Law Journal (Aug. 2005),
pp. 1173-1190.
FIDE
XX. CONGRESS London, 30 October - 2 November 2002, Topic III: Cross
Border Mergers in Company Law and Competition Law: removing the
final barriers.The German Perspective by: Dr. Werner Berg, GLEISS
LUTZ Rechtsanwälte, Brussels
Notified
Merger Projects
|
| News |
Recent
Developments in German Merger Control Law:
On
February 13, 2009, the German Parliament passed legislation that
will significantly reduce the number of transactions that must be
notified to the German Federal Cartel Office (Bundeskartellamt,
"FCO").
When the amendments to the German Act Against Restraints of Competition
(Gesetz gegen Wettbewerbsbeschränkungen, "ARC") enter
into force (which is expected to occur in early March 2009 at the
latest), a new domestic turnover requirement will ensure that parties
need not notify transactions when only one party has substantial
turnover in Germany. This is a major change to the current notification
thresholds, which require notification for many transactions based
on the turnover in Germany of only one party and consequently capture
many transactions that have negligible, if any, potential to affect
competition in Germany.
Antitrust
Alert: New Notification Threshold in Germany Reduces Risks to Offshore
Transactions
|
| Contact
Information |
BundesKartellamt,
The Federal Cartel Office
Kaiser-Friedrich-Str. 16, D-53113 Bonn, Germany
Tel.: +49-228-9499-0
Fax: +49-228-9499-400
info@budeskartellamat.bund.de
Monopolkommission,
Monopolies Commission
Adenauerallee 133, 53113 Bonn, Germany
Tel: +49-228-9499-262/263
Fax: +49-228-9499-179
E-Mail: sekretariat@monopolkommission.de
Federal
Ministry of Economics and Technology, Berlin
Scharnhorststraße 34-37
10115 Berlin
PA: 10109 Berlin
Tel: (01888) 615 - 0
Fax: (01888) 615 - 70 10
Federal
Ministry of Economics and Technology, Bonn
Villemombler Straße 76
53123 Bonn
Tel: (01888) 615 - 0
Fax: (01888) 615 - 44 37
E-mail: info@bmwi.bund.de
Centre
for Combating Unfair Competition
Langraffenstrasse 24b
D-61348 Bad Homburg v.d.H.
Tel: +49 61 72 12 15 11
Fax: +49 61 72 844 22
|
| Competition
Authority Website(s) |
BundesKartellamt,
The Federal Cartel Office
Monopolkommission,
Monopolies Commission (In German)
Bundesministeriums
fur Wirtschaft und Technologie
|
| |
|
| Greece (Last updated
15/06/09) |
All
European Countries |
Overview
(General Information) |
Competition
law in Greece is divided into two parts, namely, the legislation
which prohibits Unfair Competition and the legislation that ensures
free competition which is modeled upon Articles 81 and 82 of the
EC treaty.
Unfair competition in Greece is mainly regulated by 146/1914 Act,
which is based on the German 1906 UWG Act (Repealed in 2004). It
is amended twice by Acts 2819/2000 and 2915/2001 respectively. Article
1 provides for a general clause which prohibits any act with anti
competitive purpose. Other provisions establish specific act of
distorting competition such as: Misleading advertisement (Articles
3-5), Misleading announcement of disposal of goods deriving from
bankruptcy (Articles 6-8), Commercial defamation (Articles 11-12),
Passing off (Articles 13-15), Disclosing business secrets (Articles
16-18), Engaging in specific forms of anti competitive behavior
(Article 7). The protection granted by Act 146/1914, has basically
a civil character, consisting of action for discontinuation of unlawful
practices and actions for damages. Action under tort law provisions,
namely Articles 914 - 938 of the Greek Civil Code, is possible if
the conditions set by Article 914 (unlawful act, damage, causal
link between them, fault) are met per se. The action is brought,
mainly by the injured party. Article 10, however gives the right
to competitors to bring action as well. In addition to that, under
Article 10 of the Consumer Protection Act (No 2251/1994), consumer
associations are entitled to bring a representative action.
Free competition is governed by 703/1977 Act "On Control of
Monopolies and Oligopolies and Protection of Free Competition,"
as amended and supplemented by Acts Nos. 1934/1991, 2000/1991, 2296/1995
and 3115/2003, which regulates competitive activities (full English
text in folder 'legislation'). This law is modeled upon Articles
81 and 82 of the Treaty establishing the European Economic Community
and the related regulations such as Regulation No. 17/1962 and 1/2003
of the EEC Council. Presidential Decree No. 236/1992, by which the
Greek law conformed to Arts. 7 and 52 of the Treaty establishing
the EEC and EEC Council Directive No. 89/552 of October 3, 1989,
regulates the mass media sector.
Articles 1 and 2 are the basic provisions of the Law. They correspond
to Articles 81 and 82 of the EU Treaty. Article 1 is based on the
principle of prohibition. Any agreement, decision or concerted practice
between undertakings associations of undertakings, which has as
its object or effect the prevention, restriction or distortion of
competition, is prohibited. The prohibition of Article 1 applies
to both horizontal and vertical agreements. Prohibited agreements
are null and void unless they benefit from an individual exemption
under Article 1(3). The cumulative conditions for granting an individual
exemption are the same with those laid down in Article 81(3) of
the EEC Treaty. Article 2 deals with the problem of abuse of a dominant
position. It prohibits the abuse by one or more undertakings of
a dominant position within the national market or in a substantial
part of it. The prohibition runs against the abusive conduct, not
the dominant position itself.
There is no specific statutory basis to bring action for damages
for injury caused by an infringement under Articles 1 and 2 of Act
703/1977. It is thus debatable if an individual can bring action
on the basis of Article 914 of the Greek Civil Code, which establishes
tort liability under a general clause. This question has been associated
with the wider issue of whether Act 733/1977 aims at the protection
of the competition as an institution per se or whether it aims at
the protection of the interest of the individuals. Recent judgments
of the Greek Courts, though, held that the infringement of Articles
1 and 2 of the 703/1977 Act may establish a tort under Article 914
of the Greek Civil Code and consequently the party who suffered
in the context of the infringement is entitled to compensation.
Information
by Apostolos Georgiades and Partners Law Firm.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Greek
Legislation
Law
3373/2005, enacted 2 August 2006. (in Greek)
The
new law amends Competition Law 703/77, and introduces significant
modifications to Greek competition law.
The
amendment reflects, inter alia, the requirements of EC Regulation
1/2003 and provides the Hellenic Competition Commission (the HCC)
with a reinforced operational framework as well as with an extended
range of powers to be exercised on the basis of a more rationalised
and effective procedural background.
The
amendments include, inter alia:
Modifications
to merger control rules - reinstating the post-merger notification
regime and amending the pre-merger notification conditions and procedure.
Prohibition
on the abuse by undertakings of the financial dependence of customers
or suppliers for products or services, to the extent that the latter
have no recourse to equivalent alternatives, even though the undertakings
may not hold a dominant position in the relevant market.
Immunity
from fines established for companies who assist the HCC in its investigations
into infringements of competition legislation, provided that they
do not abuse their dominant position.
The
HCC task force being granted special and extended investigatory
powers in order to carry out its work more efficiently.
New
provisions concerning joint ventures. These emphasise the extent
of the common activities of parent and subsidiary companies in the
same or adjacent markets.
Express
authorisation for the Greek Courts to apply Articles 81 and 82 of
the EC Treaty.
From:
Dr. Emmanuel P. Mastromanolis, Legislative Changes in Greek Competition
Law, the Practical Law Company
July 2005 amendment
of Act 703/1977 on the Control of Monopolies and Oligopolies and
Protection of Free Competition (Federal Gazette No 278A/2005)
Amended by Law 3373/2005 (ibid)
In
accordance with article 9, par. 4 of law 703/1977, the Hellenic
Competition Commission ("HCC") issued, by virtue of a
Decision, the Hellenic Leniency Programme (HCC Decision 299/V/2006,
adopted on 02.03.2006) - “the Decision”). The main structure of
the Hellenic Leniency Programme follows the model of the Leniency
Programme of the European Commission.
Greek
Competition Act 703/77 on the Control of Monopolies and Oligopolies
and Protection of Free Competitition (Full text of the Act translated
in English contained in the 2000 OECD report)
Act
146/1914 on the prohibition of Unfair Competition
|
| Guidelines |
Guidelines
on the method of setting fines
Leniency
Program |
| Forms |
Greek
versions of complaint and certification forms (available at the Greek
Competition Authority webpage) |
| Co-operation
Agreements and Treaties |
Agreement
of Cooperation Between the Competition Authorities of Greece and
Albania (20/12/2006)
Agreement
of Cooperation Between the Competition Authorities of Greece and
Cyprus |
| Selected
Cases |
Decisions
of the Greek Competition Authority 1995-2009 (In Greek)
The
GlaxoSmithKline case (Parallel imports/procedural issues)
|
| Press
Releases |
Press
Releases |
| Annual
Reports |
Annual
Report OECD 2006
Annual
Report OECD 2005
Annual
Report OECD 2004
Annual
Report OECD 2003/04
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Amendment
of Greek Competition Law and recent jurisprudence of the Hellenic
Competition Commission, (By Kyriakides GeorgoPoulos & Daniolos
Issaias, law firm, Athens) - NEW ARTICLE, JUNE 2009
Proposals
of the Greek competition Commission on the Green Paper on the Review
of Council Regulation (EEC) No 4064/89 (Greek text only)
Parallel
trade in pharmaceutical products: The Advocate General's Opinion
in Syfait v. GlaxoSmithKline by David W. Hull, published in the
November 2004 issue of Competition Law Insight
The
authority of the Competition Commission under Greek Law (by
Stavros N. Vardalas)
The
Hellenic Competition Commission
Articles/
Speeches (In Greek)
|
| News |
Olympic
Airlines aid breached EU rules (by BBC news)
Supermarket
concerted practices in Greece
|
| Contact
Information/Links |
Hellenic
Competition Commission
1a Kotsika Street
GR-10434 Athens
Greece
Tel: +30 10 382 8990
Fax: +30 10 382 9654
Email: sec2296@athserv.otenet.gr
Regulatory
Authority for Energy
National
Telecommunications Authority
|
| Competition
Authority Website(s) |
Hellenic
Competition Commission |
| |
|
| Greenland
(Last
updated 20/04/09)
|
All
North American countries
|
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Act (In Danish)
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Cooperation
agreement with Danish Competition Authority
|
| 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 |
Greenland
Competition Authority
Fællessekretariatet for Konkurrencenævnet og Grønlands
Forbrugerråd
Box 689, Kujallerpaat 1A, 3900 Nuuk
Tel:+299 32 80 33
Fax: +299 32 78 50
E-mail: npgu@gh.gl
|
| Competition
Authority Website(s) |
Greenland
Competition Authority (-forthcoming-)
|
| |
|
| Hungary
(Last updated 20/04/09)
|
All
European Countries |
Overview
(General Information) |
Overview:
Competition law related legislative developments in
the years 2005 and 2006
The
Hungarian Parliament adopted a number of amendments to the Hungarian
Competition Act (Act LVII of 1996 on the Prohibition of Unfair and
Restrictive Market Practices) in June 2005. The majority of the
amendments (laid down by Act LXVIII of 2005) entered into force
on 1 November 2005, but the amendment abolishing the system of individual
exemptions took effect in July 2005. The Criminal Code (Act IV of
1978 on the Criminal Code) was also amended; since 1 September 2005
concerted practices associated with a public procurement procedure
or concession of tender became criminalised (by § 14 of Act
XCI of 2005 inserting a § 296/B in the Criminal Code). The
new Trade Act (Act CLXIV of 2005 on Trade) extended the responsibilities
of the competition authority; since 1 June 2006 also the supervision
of abusive practices of traders having significant market power
against their suppliers (i. e. of large scale retailers) belongs
to the tasks of the authority.
Note
to the reader: The old
English homepage , with its content updated until 31 December,
2006, is still available and relatively up-to-date. You may access
most of the information, although some links - notably those listed
in the What's new column - may be unavailable
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Legal
Acts
Competition
Act (consolidated version in English)
Versenytorveny (consolidated
version in Hungarian)
Act
X of 2002 on the promulgation of Decision No 1/2002 of the Association
Council replacing Decision No 2/96 of the Association Council on
the implementation of the competition rules adopted under Article
62(3) of the Europe Agreement establishing an association between
the Republic of Hungary, of the one part, and the European Communities
and their Member States, of the other part.
Act
CLXIV of 2005 on Trade (competition law related provisions of the
Act)
Other Related Acts
Act
XIV of 2009 on the amendment of Act LVII of 1996 on the Prohibition
of Unfair and Restrictive Market Practices
Act
XLVII of 2008 on the Prohibition of Unfair Commercial Practices
against Consumers (competition law related provisions of the Act)
Act
XLVIII of 2008 on Essential Conditions of and Certain Limitations
to Business Advertising
Activity (competition law related provisions of the Act)
Act
on Trade: Act CLXIV of 2005 on Trade
Act
on Price Setting: Act LXXXVII of 1990 on Price Setting
Act
on Business Advertising Activity: Act LVIII of 1997 on Business
Advertising Activity
Act
on Communications (extract)
Act
on Electricity (extract)
Regulations
Gov.
Regulation 39/2002. (III. 12.) of the Government on the promulgation
of the Community acts listed in the Appendix to Decision No 1/2002
of the Association Council replacing Decision No 2/96 of the Association
Council on the implementation of the competition rules adopted under
Article 62(3) of the Europe Agreement establishing an association
between the Republic of Hungary, of the one part, and the European
Communities and their Member States, of the other part, promulgated
by Act X of 2002 (implementing
regulation to Act X of 2002)
Based
on the empowerment given to it by Article 16 of the Competition
Act, the Hungarian Government has adopted altogether thirteen block
exemption regulations listed below. Of them, the last six are currently
in force.
Gov.Regulation
50/1997.(III.19.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Insurance Agreements
Gov.Regulation
53/1997.(III.26.)
of the Government on the Exemption from the Prohibition on Restriction
of Competition of Certain Groups of Exclusive Distribution Agreements
Gov.Regulation
54/1997.(III.26.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Exclusive Purchasing
Agreements
Gov.Regulation
246/1997.(XII.20.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Franchise Agreements
Gov.Regulation
247/1997.(XII.20.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Motor Vehicle
Distribution and Servicing Agreements
Gov.Regulation
84/1999.(VI.11.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Research and
Development Agreements
Gov.Regulation
85/1999.(VI.11.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Specialization
Agreements
Gov.Regulation
86/1999.(VI.11.) of the Government on the Exemption from the Prohibition
on Restriction of Competition of Certain Groups of Technology Transfer
Agreements
Gov.
Regulation 53/2002 (III. 26.) of the Government on the Exemption
from the Prohibition on Restriction of Competition of Certain Groups
of Specialisation Agreements
Gov
Regulation 54/2002 (III. 26) of the Government on the Exemption
from the Prohibition on Restriction of Competition of Certain Groups
of Research and Development Agreements
Gov.
Regulation 55/2002 (III. 26.) of the Government on the Exemption
From The Prohibition On Restriction Of Competition Of Certain Groups
of Vertical Agreements
Gov.
Regulation 18/2004. (II. 13.) of the Government on the Exemption
from the Prohibition on Restriction of Competition of Certain Groups
of Insurance Agreements
Gov.
Regulation 19/2004. (II. 13.) of the Government on the Exemption
from the Prohibition on Restriction of Competition of Certain Categories
of Vertical Agreements in the Motor Vehicle Sector
Soft
Law
Notices
Article
36(6) of the Competition Act authorises the President of the Hungarian
Competition Authority to issue, together with the Chair of the Competition
Council, notices explaining the foundations of the law-enforcement
practice of the Authority. Such notices have no binding force; their
function is to state how the law enforcer will apply the legal provisions,
summarising past experience and outlining the practice to be followed
in the future. Of the five notices issued, the following four are
currently in force:
Notice
No 1/2003, on the considerations in differentiating between concentrations
subject to authorisation in simplified or full procedure (consolidated
version in English)
Notice
No 2/2003, on the method of setting fines in antitrust cases (consolidated
version in English)
Notice
No 3/2003, on the application of a leniency policy to promote the
detection of cartels (consolidated version in English)
Communication on certain issues in connection with Notice No
3/2003 of the President of the Hungarian Competition Authority and
the Chair of the Competition Council of the Hungarian Competition
Authority on the application of a leniency policy to promote the
detection of cartels (this communication is about the criminalisation
of agreements restricting competition in public procurement procedures
and tenders of concession, furthermore, about the amendment of Act
CXXIX of 2003 on Public Procurement; it is available only in Hungarian
on the website of the competition authority http://www.gvh.hu/index.php?id=4214&l=h)
Principal
Decisions
|
| Guidelines |
Introduction
to the procedures of the Hungarian Competition Authority
Notice
on the Methods of Setting Fines in Antitrust Cases (Notice No.
2/2003 as amended by Notice No. 2/2005)
Notice
on the Application of a Leniency Policy to Promote the Detection
of Cartels (Notice No. 3/2003 as amended by Notice No. 1/2006)
Notice
on Differentiating between Concentrations subject to Authorisation
in simplified or full procedure (Notice No. 1/2003 as amended
by Notice No. 1/2005) |
| Forms |
Forms
Form
- Concentrations
Form
- Complaints
Form
- Mergers
Anti
- Enforcement Template
|
| Co-operation
Agreements and Treaties |
International
- Bilateral Cooperation
In
2005, one of the most important parts in the international co-operation
activities of the Hungarian Competition Authority, the GVH, was
its participation in the European Competition Network (ECN). From
the date of Hungary’s EU-accession, the GVH became obliged to apply
Community competition law in every case, which might affect trade
between Member States. ECN-relations became more and more case-oriented
during the year 2005.
The
GVH actively participated, also in 2005, in the activities of the
OECD Competition Committee and its working groups. In addition to
the annual report about the activities of the GVH during the year
2004, Hungarian contributions were sent to a number of professional
discussions as e.g. to that analysing the experiences gained on
sales below cost.
A Regional
Centre for Competition (Centre) was established by the OECD and
the GVH on 16th February 2005 in Budapest and is financially supported
by the Republic of Hungary. The Centre of the OECD is built on the
expertise of the OECD and the GVH in order to develop competition
policy and competition advocacy for the competition authorities
in the Central-, Eastern- and South-Eastern European region. The
principal aim of founding the Centre is to contribute to the development
of competition policy, competition law and competition culture as
well as to support the work of competition authorities.
It
is also among the aims of the Centre to support the work of these
competition agencies and thus contribute to the economic growth
of the region. The main task of the Centre is to organise seminars
and conferences in various themes of competition policy. The GVH
attributes utmost importance to sharing its experience with those
Central-, Eastern- and South-Eastern European countries, which are
going through an economic transition similar to that of Hungary.
At the beginning of the 1990s, staff members of the GVH also participated
in seminars and conferences in countries, which had a more developed
legal system and competition policy and thus they gained substantial
and indispensable knowledge for their every-day work.
The
topics to be addressed at the Centre includes competition case analysis;
investigative techniques; competition principles in regulatory reform;
judicial training; enforcement priorities; guidelines, policies,
practices and procedures; frameworks for co-operation between enforcement
authorities in the region; competition advocacy and communications
tools; the relationships between competition authorities and sector
regulators; and other themes within the general framework of competition
law and policy.
The
GVH actively participated, also in 2005, in the activities of the
OECD Competition Committee and its working groups. In addition to
the annual report about the activities of the GVH during the year
2004 (such annual reports are regularly prepared) Hungarian contributions
were sent to a number of professional discussions as e.g. to that
analysing the experiences gained on sales below cost.
During
2005 the GVH took an active role in the work of the International
Competition Network (ICN). It happened already in 2004 that the
co-chairmanship of the Working Group on Cartels was given to the
representative of the GVH with the other co-chair being the representative
of DG Competition of the European Commission. In 2005, it was under
the “editorship” of the GVH that the Working Group prepared a questionnaire
on the basis of which uniformly structured, continuously updated,
comprehensive information about the cartel regulations in all of
the ICN member countries will be available. The Subgroup on Technical
Assistance of ICN’s Competition Policy Implementation Working Group
had examined for years the ways and methods through which the efficiency
of the provision of technical assistance can be increased. At the
end of 2005, the Subgroup launched a pilot partnership and consultation
project with the participation of both developing and developed
competition agencies. The GVH was one of the agencies to be consulted
in the frame of the project.
As
far as the bilateral relations of the GVH are concerned, cooperation/consultations
of the Authority in 2005 with the Rumanian, Ukrainian, Croatian,
Bulgarian, Swedish and German competition authorities merit mentioning.
The Hungarian Competition Authority has bilateral cooperation agreements
with the Chinese, Rumanian, Russian and Ukrainian competition authorities.
Cooperation
Agreement between the Hungarian Competition Authority and the National
Communications Authority
|
| Selected
Cases |
Decisions
of the Competition Council
Statistics
|
| Press
Releases |
Recent
Press Releases
Press
Releases 2008
Press
Releases 2007
Press
Releases 2006
Press
Releases 2005
Press
Releases 2004 |
| Annual
Reports |
Hungarian
Competition Authority Annual Reports:
Annual
Report 2007
Annual
Report 2006
Annual
Report 2005
Annual
Report 2004
Annual
Report 2003
Annual
Report 2002
Annual
Report 2001
Annual
Report 2000
Annual
Report 1999
Annual
Report 1998
Annual
Report 1997
OECD
Reports:
Annual
Report OECD 2007
Annual
report OECD 2005
Annual
report OECD 2004
Annual
report OECD 2003/04
Annual
report OECD 2002/03
Annual
report OECD 2001/02
|
Publications
(Papers-Reports- Speeches-Bulletins) |
OECD-Hungary
Regional Centre for Competition in Budapest:
OECD
Annual Activity Report 2008
OECD
Annual Activity Report 2006
OECD
Annual Activity Report 2005
OECD
Submissions
Annual
Report of Competition Policy Developments in Hungary (OECD; 2005)
GVH
Studies:
Notarial
Services (2005)
Pharmaceuticals
Market Executive Summary (July 2003)
Large
Scale Retail Trade (2000)
Electricity (1999)
Telecommunications
(1999)
Fundamental
Principles:
Fundamental
Principles of Competition Policy (14/05/2007)
Fundamental
Principles of Consumer Policy (14/05/2007)
Competition
Culture Centre:
What
you should know about the Hungarian Competition Authority |
| News |
What's
new |
| Contact
Information |
Hungarian Competition Authority
(Gazdasági Versenyhivatal)
H-1054
Budapest, Alkotmány utca 5
Mail:H-1245 Budapest 5, P.O. Box 1036,
Phone: +36 1 472 8900; 472 8933 (International Section)
Fax: +36 1 472 8905; 472 8940 (International Section)
Email: postmaster@gvh.hu, sarai@gvh.hu
|
| Competition
Authority Website(s) |
Office of Economic Competition
State
Aid Monitoring Office (The
State aid Monitoring Office, located in the Ministry of Finance,
is responsible for State aid matters)
|
| |
|
| Iceland
(Last updated 20/04/09)
|
All European Countries |
Overview
(General Information) |
The
Icelandic Competition Law Came Into Force On March 1,1993.
The
objective of the Law is to promote active competition and thus increase
the efficiency of the means of production in the society. This objective
is to be reached by:
- preventing
unreasonable limitations or barriers to freedom of economic operation;
-
preventing unfair trade practices, harmful absence of competition
and restriction of competition;
-
facilitating the entry of new competitors into the market.
The Law applies
to any economic operation, including the manufacturing industry
and trade in goods and services, irrespective of whether such an
operation is conducted by individuals, companies, public parties
or others. The Law applies to agreements, terms and actions which
are intended to have an effect in Iceland, but not to agreements,
terms or actions which are solely intended to have an effect outside
of Iceland. The
Law is divided into fourteen chapters, of which chapters no. 4,5
and 6 are the most important, since they deal with prohibitions
against restrictions to competition, control with respect to restriction
of competition and control with respect to unfair trade practices.
Chapter no.6, which deals with control with respect to unfair trade
practices, is quite connected with the provisions of the Trade Marks
Act no. 47/1968. The provisions of Chapter No. 6 of the Competition
Law are often claimed as well as the provisions of the Trade Marks
Act in court cases regarding Trade Marks.
The competition
Authority, the Competition Council and the Competition Appeals Committee
perform the ordinary administration of matters within the sphere
of the Law.
Since Iceland
is a member state of the EEA, the competition rules of the EEA Agreement
(which follow the EEC competition rules very closely) also apply
in Iceland.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Iceland Competition Law
Competition
Law No 44/2005 (As ammended by No. 52/2007 and No. 94/2008)
|
| Guidelines |
Reduction
or cancelation of fines (summary) |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
Agreement
Between Denmark, Iceland and Norway on Competition Cases
Competition-related
extracts from the EEA Agreement |
| Selected
Cases |
Ruling
of the Competition Appeals Committee in cases No 17-18/2003, Icelandair
ehf. and Iceland Express ehf. versus the Competition Council |
| Press
Releases |
News |
| Annual
Reports |
Annual
Report OECD 2003/04
Annual
Reports (In Icelandic)
Reports
from the Nordic Competition Authorities
Report
on the Competition in the Nordic Retail Banking
Nordic
Food Markets
Telecompetition
- Towards a single Nordic market for telecommunication services
A
Powerful Competition Policy
Competitive
Airlines - Towards a more vigorous competition policy
in relation to the air travel market
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Three
Levels of Competition Policy Enforcement in Iceland
The
oil cartel in Iceland - Summary
(By the Competition Authority of Iceland)
Publications
Speeches
and presentations |
| News |
News
(In Icelandic)
|
| Contact
Information |
Icelandic
Competition Authority, Samkeppnisstofnun
Laugavegi 118
Postholf 5120
125 Reykjavik, Iceland
Tel: + 354 55 27 422
Fax: + 354 56 27 442
email:samkeppni@samkeppni.is
|
| Competition
Authority Website(s) |
Icelandic
Competition Authority, Samkeppnisstofnun
|
| |
|
| |
| Ireland
(Last updated 20/04/09)
|
All
European Countries |
Overview
(General Information) |
The
Competition Authority is a statutory body with a specific role to
enforce Irish competition law. Competition law is designed, primarily,
to protect and benefit the consumer. Irish
competition law is embodied in the Competition Act 2002. It contains
two main prohibitions:
Section
4(1) prohibits and renders void 'all agreements between undertakings,
decisions by associations of undertakings and concerted practices
which have as their object or effect the prevention, restriction
or distortion of competition in trade in any goods or services in
the State or in any part of the State'.
The
Act lists some specific types of behavior which are expressly prohibited.
These include agreements which:
- fix
prices
- limit
or control production or markets
- share
markets or sources of supply
- apply
dissimilar conditions to equivalent transactions with other trading
parties
- attach
supplementary obligations to a commercial contract which have
nothing to do with the subject of the contract (e.g. tying).
Section
5 prohibits the abuse of a dominant position. It is important to
recognise that it does not prohibit a dominant position - only its
abuse. Generally a firm is considered to be dominant if it is able
to act without taking account of the reaction of its customers or
its rivals, e.g. a firm which can increase its prices unilaterally
because it knows that its customers have few if any satisfactory
alternative sources of supply and therefore little choice but to
pay the higher price. The Act is not breached when a firm's vigorous
competition takes sales away from less efficient rivals, since this
is competition working properly.
by
the Irish Competition Authority |
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Amendment Act 2006
Competition
Act 2002 The
Competition Act, 2002 (No. 14 of 2002) was signed into law by the
President on 10 April 2002. The Competition Act 2002 (Commencement)
Order 2002 (S.I. No. 199 of 2002) appoints 1st July 2002 as the
date on which specified sections of the Act will come into operation.
The
Act allows the Authority to publish Notices to assist business in
complying with the provisions of the Act. On 1 July 2002, the Authority
issued the following 2 Notices in respect of Agreements involving
a Merger and/or a Sale of Business (Decision
No. N/02/001), and Notice in respect of Agreements between Suppliers
and Resellers (Decision
No. N/02/002).
|
| Guidelines |
Irish
Enforcement Guidelines
Irish
Guide to the Category Certificate and Licence
Irish
Guidelines on the Detection and Prevention
Irish
Refusal to Supply
Guidance
and Procedures
Following
a detailed consultation process, the Authority has produced a set
of Procedures for its examination of individual merger notifications,
and Guidelines for Merger Analysis (N/02/004) explaining the Authority's
position on substantive issues in merger control. Notifications
must be made using either Form M1 (long form) or Form M2 (short
form).
The
Procedures document outlines the Authority's approach to initial
examination of merger transactions, publication, requirements for
further information, discussions with merging parties, contacts
with third parties and determinations by the Authority. Issues dealt
with in the Guidelines include market definition, and the effects
of mergers on market structure, inter-firm rivalry and market entry
as well as the treatment of mergers below the financial thresholds
specified in the 2002 Act.
|
| Forms |
Merger
Notification Form |
| Co-operation
Agreements and Treaties |
Co-operation
agreement between The Competition Authority and the Health Insurance
Authority of Ireland
Co-operation
agreement between The Competition Authority and the Broadcasting
Commission of Ireland
Co-operation
agreement between The Competition Authority and the Commission for
Energy Resolution
Co-operation
agreement between The Competition Authority and the Commission for
Aviation Regulation
Co-operation
agreement between The Competition Authority and the Commission for
Communications Regulation
Co-operation
agreement between The Competition Authority and the Director of
Consumer Affairs
|
| Selected
Cases |
All
Decisions (refer to website) |
| Press
Releases |
Press
Releases
|
| Annual
Reports |
Annual
Report OECD 2005
Annual
Report OECD 2004
Annual
Report OECD 2003/04
Annual
Report OECD 2002/03
Annual
Report OECD 2001/02
Competition
Authority Annual Reports
Annual
Report 2008
Annual
Report 2007
Annual
Report 2006
Annual
Report 2005
Annual
Report 2004
Annual
Report 2003
Annual
Report 2002
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Public
Notices
Strategy
Statements
Speeches
and Presentations
Discussion
Papers
Paper
11:
Market Definition and Market Power in Competition Analysis: Some
Practical Issues. October 2000
Paper
10:
Response to the Competition and Merger Review Group Report on the
1987 Groceries Order February 2000
Paper
9:
Response of the Competition Authority to the Competition and Mergers
Review Group's Proposals for Discussion in relation to Competition
Law. December 1999
Paper
8:
Competition, Parallel Imports & Trademark Exhaustion: Two Wrongs
from a Trademark Right. December 1999
Paper
7:
Competition and Regulation in Public Utility Industries. July 1999
Paper
6:
Solving Dublin Taxi Problems. Urban-Sharecroppers v Rentseekers
November1998
Paper
5:
Competition in the Natural Gas Industry. November 1998
Paper
4:
The Treatment of Vertical Restraints Under Competition Law May 1998
Paper
3:
Proposals for the Electricity Supply Industry in Ireland: Comments
on the Consultation Paper published by the Department of Transport,
Energy and Communications. November 1997
Paper
2:
Second Submission to the Merger Review Group April 1997
Paper
1:
Submission to the Merger Review Group February 1997
Submissions
Market
Studies
Guidance
Notes
|
| News |
Ireland
proposes amendments to law, Global Competition Law, 15 January 2008
On
14 January, the Irish watchdog published proposals calling for extensive
changes to the country's merger regime and tougher penalties for
obstructing the commission's investigations. The authority wants
to make it an offence to obstruct its dawn raid investigations,
and to amend the act to make explicit that the authority may seize,
in addition to materials described in the dawn raid warrant, any
other materials reflecting a violation of Irish competition laws.
It also proposes changes to the sentencing criteria, to ensure that
penalties and fines imposed under the act serve to deter anti-competitive
conduct.
Deadline for submissions was 31 December 2007. The government has
not given any indication as yet of when the review will take place.
(Source: Global
Competition Law)
What's
new (Refer to website)
|
| Contact
Information |
Competition
Authority
Parnell House
14 Parnell Square
Dublin 1
Ireland
Tel: + 353 1 804 5400
Fax: + 353 1 804 5401
Email: info@tca.ie
|
| Competition
Authority Website(s) |
The
Competition Authority, (An Tudaras Iomaiochta)
|
| |
|
 |
| Italy (Last
updated 18/12/09) |
All
European Countries |
Overview
(General Information) |
Autorità
Garante della Concorrenza e del Mercato
Organisation
Scope
of Activities
How
the Authority Works
The
International Context
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Law No.287 of October 10th, 1990, Competition
and Fair Trading Act (Official Gazette No 240 of 13 October
1990)
Law
no. 481 of November 14th, 1995 (Section 2) - Competition rules and
regulation of public utilities. The establishment of the regulatory
Authorities (Supplement no. 136 to the Official Gazette no. 270
of 18 November 1995)
Law
no. 52 of February 6th, 1996 (Section 54) - Obligations deriving
from Italian membership in the European Community (Supplement no.
24 to the Official Gazette no. 34 of 10 February 1996)
Presidential
Decree no. 217 of April 30th, 1998 - Procedure regulations that
guarantee to the parties full knowledge of the acts, and minutes
taken during hearings, with regard to the activities of the Authority
(Official Gazette no. 158 of 9 July 1998)
Law
no. 78 of March 29th, 1999 (Section 2) - Enacting, with amendments,
law decree no. 15 of January 30th, 1999, providing urgent measures
to ensure the balanced development of television broadcasting and
prevent the creation or maintenance of dominant positions in the
radio and television broadcasting industry (Official Gazette no.
75 of March 31st, 1999 - Text of the law decree coordinated with
the Enactment)
Law
No. 57 of March 5th, 2001, Section 11 Abuse of economic dependence
and competition
Legislative
Decree no. 28 of January 22nd, 2004 (Section 26) - Reform of the
rules concerning the film industry (Official Gazette no. 29 of 5
February 2004)
Law
no. 262 of December 28th, 2005 (Sections 19-22) - Provisions on
safeguarding of savings and rules concerning financial markets (Supplement
no. 208 to the Official Gazette no. 301 of 28 December 2005)
MISLEADING
AND COMPARATIVE ADVERTISING
Presidential
Decree no. 284 of July 11th, 2003 - Procedure regulations on cases
of Competition Authority on misleading advertising (Official Gazette
no. 247 of 23 October 2003)
Law
no. 447 of October 26th, 1995 (Section 12) - Basic law on noise
pollution (Supplement no. 125 to the Official Gazette no. 254 of
30 October 1995)
Legislative
Decree no. 206 of September 6th, 2005 - Consumption code, pursuant
to section 7 of law no. 229 of 6 September 2003 (Part I - Misleading
and comparative advertising)
(Official Gazette no. 235 of 8 October 2005)
CONFLICT
OF INTERESTS
Law
no. 215 of July 20th, 2004 - Provisions concerning the resolution
of conflicts of interests (Official Gazette no. 193 of 18 August 2004)
|
| Guidelines |
MERGER
NOTIFICATION AND PROCEDURES TEMPLATE - ITALY
Leniency
Program |
| Forms |
Mergers
Notification
Form
Agreements
Notification
Form (form for the voluntary notification of agreements and requests
for exemptions to the prohibition of agreements restricting competition)
Corporate
separations
Notice regarding section 8 formalities under the Competition Act
(law no. 287 of 10 October 1990)
Complaint
form-misleading advertisements (instructions for reporting advertisements
deemed to be misleading or unlawful)
|
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
Autorità
Garante della Concorrenca e del Mercato
All
decisions taken by the Italian Competition Authority are published
within 20 days in a special Bulletin (Section 26 of Law no. 287
of October 10th, 1990). The Bulletin is subdivided into the following
sections:
a) agreements and abuses of dominant position;
b) concentrations;
c) general fact-finding investigations (Section 12 of the Act);
d) advisory opinions by the Italian Competition Authority to the
Bank of Italy (Section 20 of Law no. 287/90);
e) notification and advisory opinions to Parliament and Government
(Sections 21 , 22 and 24 of Law no. 287/90);
f) decisions adopted by the Italian Competition Authority, under
Legislative Decree no. 74 of January 25th, 1992 (enactment of EEC
Directive no. 84/450 on misleading advertising);
g) decisions adopted by other supervisory authorities.
The
Bulletin is published weekly since 1993 (First year - 1991).
|
| Press
Releases |
Press
Releases
|
| Annual
Reports |
Annual
Report OECD 2004
Annual
Report OECD 2003/04
Annual
Reports
|
Publications
(Papers-Reports- Speeches-Bulletins) |
Publications
|
| News |
The
Commission opposes Italian tax breaks for certain investment vehicles
The
Commission opens inquiry into tax reductions in Sicily
The
Italian Competition Authority gives approval for Enel's sale of
Wind to Weather Investments |
| Contact
Information |
Autorità
Garante della Concorrenca e del Mercato
Piazza G. Verdi 6/A 00198- Roma, Italy
Tel: +39 06 85.82.11
Email: antitrust@agcm.it
|
| Competition
Authority Website(s) |
Autorità
Garante della Concorrenza e del Mercato
|
| |
|
| Jersey,
Channel Islands (Last
updated 21/04/09) |
All
European Countries |
Overview
(General Information) |
The
Jersey Competition Regulatory Authority (JCRA) was set up by the
States of Jersey in 2001 as an independent body, accountable to
the Minister for Economic Development, with responsibility for promoting
competition and consumer interests through economic regulation and
competition law. The JCRA is responsible for the regulation of telecommunications
under the sector specific Telecommunications (Jersey) Law 2002 and
is responsible for regulating postal operators under the Postal
Services (Jersey) Law 2004. As regards competition law, it is responsible
for administering and enforcing the Competition (Jersey) Law 2005.
The JCRA also advises the Minister and other States Departments
from time to time on issues relating to competition and economic
regulation.
Competition
law seeks to protect free, open and fair competition in the marketplace,
thereby providing benefits to both businesses and consumers. Jersey’s
competition law, Competition (Jersey) Law 2005 was passed on 23
June 2004. All parts of the Law, with the exception of parts 2 and
3, came into force on 1 May 2005. Parts 2 and 3 came into force
on 1 November 2005. The purpose of the Law is to promote competition
in the supply of goods and services in Jersey. The Law applies to
all individuals and businesses, trades and professional associations,
and States committees and public bodies insofar as they are carrying
on commercial activities.
In
general terms, the Competition Law outlaws any agreements, business
practices and conduct which have a damaging effect on competition
in Jersey or any part of it. More specifically, the Law prohibits:
- arrangements
between undertakings that hinder competition, or are intended
to do so e.g. agreeing to fix prices, limit production, allocate
markets or customers, or bid rigging (Part 2 of the Law);
- the
abuse by one or more undertakings of a dominant position in a
market (Part 3 of the Law);
- and
certain mergers and acquisitions, unless the prior approval of
the JCRA is obtained (Part 4 of the Law).
Under
the Law, the JCRA has the power to investigate an undertaking it
has ‘reasonable cause to suspect’ is involved in anti-competitive
activities and to impose financial penalties and other penalties
where appropriate. In addition, third parties may be able to claim
for damages, including punitive damages, in the Royal Court. The
Law requires the JCRA to deal with competition questions in Jersey
as consistently as possible with similar questions under competition
law in the European Union.
The
prohibitions against arrangements hindering competition and abuses
of dominance in Parts 2 and 3 came into force on 1 November 2005.
The requirement to seek JCRA approval for certain mergers and acquisitions,
contained in Part 4, came into force on 1 May 2005.
|
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
(Jersey) Law 2005
Competition
(Jersey) Law 2005 (Appointed Day) Act 2005 (Parts 2 and 3 of the
Competition Law will come into force on 1st November 2005).
Competition
Regulation Authority (Jersey) Law 2001
Competition
(Mergers and Acquisitions) (Jersey) Order 2005
Royal
Court (Competition) Rules 2005
|
| Guidelines |
Guidelines
What
your business needs to know
Prohibition
of anti-competitive arrangements
Cartels
Trade
asssociations & professions
Abuse
of a Dominant Position
Mergers
and Acquisitions
Market
definition
How
to make a complaint
Guidance
and Exemption
Investigation
Proceedures
Leniency
Policy
|
| Forms |
Merger
Application Form |
| Co-operation
Agreements and Treaties |
No
information available |
| Selected
Cases |
Non-Merger
Decisions |
| Press
Releases |
Latest
News
Archive
|
| Annual
Reports |
Jersey
Competition Authority Annual Report 2008
Jersey
Competition Regulatory Authority Annual Report 2007 |
Publications
(Papers-Reports- Speeches-Bulletins) |
Publications
of the Jersey Competition Regulatory Authority
Procedures
under the Telecommunications (Jersey) Law 2002
Economic
Development 2005 Business Plan
Consultation
Papers
Other
Publications on competition law
|
| News |
Latest
News |
| Contact
Information |
Jersey
Competition Regulatory Authority
6th
Floor
Union House
Union Street
St Helier
Jersey JE2 3RF
Tel: +44 (0)1534 514990
Fax: +44 (0)1534 514991
Email: enquiries@jcra.je |
| Competition
Authority Website(s) |
Jersey
Competition Regulatory Authority
|
| |
|
| Latvia (Last
updated 21/04/09) |
All
European Countries |
Overview
(General Information) |
Competition
rights in Latvia are regulated by the Competition Law, which entered
into force from the 1st of January 2002 with amendments, which entered
into force by the 1st of May 2004. The control over observation
of this law and its application is realised by the Competition Council.
The Competition Law establishes liability of market participants
for prohibited agreements, abuse of dominant position and unfair
competition. The Competition Law establishes liability also for
unfair competition, i.e., actions provided by market participants,
as the result of which regulatory enactments or the fair practices
of commercial activities are violated and which have created or
could create a hindrance, restriction or distortion of competition.
The wholesale functionality of the Competition Law is ensured by
Regulations issued by the Cabinet of Ministers, for example, providing
procedure of calculation fines and how to submit notification on
merger of market participants. These Regulations also establish
certain kinds of agreements (between liner shipping operators, providing
international liner shipping transportations as well as between
providers of domestic carriage by rail and by road), when these
agreements are exempted from the prohibition of agreements prescribed
by the competition law. These agreements are allowed without notification
submitted to the Competition Council. |
Legislation
(Legal Acts-Regulations-Resolutions) |
Competition
Law (with amendments of 13/03/2008)
Advertising
Law
Regulations
Cabinet
Regulation regarding vertical agreement exemption from the agreement
prohibition specified in section 11, paragraph one of the competition
law
Regulations
On the Exemption of Agreements Entered Into in the Field of Domestic
Carriage by Rail and by Road from the Prohibition of Agreements
Prescribed by the Competition Law
Regulations
On the Exemption of Agreements of Liner Shipping Companies from
the Prohibition of Agreements Prescribed by the Competition Law
Procedures
for Submission and Examination of Notification Regarding Market
Participant Mergers
Procedures
for Decision Taking of the Competition Council
Procedures
for the Calculation of Fines for Violations referred to in Section
11, Paragraph one and Section 13 of the Competition Law
Regulations
on the Exemption of Patent and Know-How Licensing Agreements from
the Prohibition of Agreements by the Competition Law. No. 122
Regulations
on the Exemption of Automobile Distribution and Servicing Agreements
from the Prohibition of Agreements by the Competition Law. No. 147
Regulations
on the Exemption of Franchise Agreements from the Prohibition of
Agreements by the Competition Law. No. 52
Regulations
on the Exemption of Agreements on Joint Research and Development
from the Prohibition of Agreements by the Competition Law. No. 53.
Procedure of Validation of Agreements of Market Members. No. 37
Procedure
for Submission and Examination of Notifications an Merging of Enterprises
(Entrepreneurial Unions). No.73
Procedure
of Trial of Breaches of the Competition Act. No. 444
|
| Guidelines |
ICN
Anti-Cartel Enforcement Template |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
International
- Bilateral Cooperation
Europe
Agreement establishing an association between the European Communities
and their Member States, of the one part, and the Republic of Latvia,
of the other part (article 64) (refer to website in legislation)
Decision
No 5 /2001 of the Association Council between the European Communities
and their Member States, of the one Part, and the Republic of Latvia,
of the other Part (refer to website in legislation)
Trilateral
agreement between the Competition authorities of Estonia, Latvia
and Lithuania
Bilateral
agreement between Latvia and Lithuania
|
| Selected
Cases |
Cases
|
| Press
Releases |
Competition
Council Press Releases
|
| Annual
Reports |
The
Competition Council Annual Report 2007
The
Competition Council Annual Report 2006
The
Competition Council Annual Report 2005
|
Publications
(Papers-Reports- Speeches-Bulletins) |
"Consumer
in Europe", Facts and Figures on Services of General Interest,
European Commission (2007)
"EU
Competition Policy and the Consumer" Brochure, European Commission
(2004)
Competition
Commission adopted its decision No. 71, 20 June 2007
Competition
Council 22.11.2006.decision Nr. 134 On finding infringement and
imposing legal obligation. On potential infringement of Article
82 of the EC Treaty by the Riga international Airport
Overview
of National Competition Authorities' Advocacy and Enforcement Activities
in the Area of Professional Services (February 2004-Spring 2006)
Number
of final decisions adopted by the Competition Council in 2005
Comments
on the discussion paper "Private actions in competition law:
effective redress for consumers and businesses" of OFT
|
| News |
News |
| Contact
Information |
Competition
Council
5a Blaumana Street, Riga, Latvia, LV-1011
Tel: +371 7282865
Fax: +371 7242141
E-mail: council@competition.lv, council@competition.lv
foreign@competiton.lv
|
| Competition
Authority Website(s) |
Competition
Council Republic of Latvia
State
Aid Surveillance Commission
|
| |
|
 |
| Lichtenstein
(Last updated 21/04/09) |
All
European Countries |
Overview
(General Information) |
No
information available |
Legislation
(Legal Acts-Regulations-Resolutions) |
Unfair
Competition Act (No. 121 of 22/10/92) (In German)
Relevant
articles of the EEA Agreement
|
| Guidelines |
No
information available |
| Forms |
No
information available |
| Co-operation
Agreements and Treaties |
The
EEA Agreement |
| Selected
Cases |
No
information available |
| Press
Releases |
No
information available |
| Annual
Reports |
No
information available |
Publications
(Papers-Reports-Speeches-Bulletins) |
Liechtenstein:
National Antitrust Legislation "This
Report, coordinated by the Directorate for Research and Institutional
Relations of the Italian Competition Authority,has been compiled |