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Albania (Last updated 18/12/10) 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 01/03/11) 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 01/03/11) 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 01/03/11) 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 15/10/10)

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 15/04/10) 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 15/04/10) 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

Regulation on the Definition of a Relevant Market

Regulation on Definition of the Periodic Fine Payment

Regulation on Agreements of Minor Importance

Regulation on the Procedure for Granting Immunity from Fines (Leniency Policy)

Regulation on Block Exemption Granted to Insurance Agreements

Regulation on Block Exemption Granted to Certain Categories of Horizontal Agreements (Between Undertakings Operating on the Same Level of Production or Distribution Chain) Relating Particularly to Research, Development and Specialization Agreements

Regulation on Block Exemption Granted to Certain Categories of Vertical Agreements (Between Undertakings Operating on the Different Level of Production or Distribution)

Regulation on Block Exemption Granted to Agreements on Distribution and Servicing of Motor Vehicles

Regulation on Definition of a Dominant Position

Regulation on Block Exemption Granted to Certain Categories of Technology Transfer Agreements (Licence and Know-how Agreements)

Regulation on Amount of Administration Taxes Relating to the Practices Before the Council of Competition

Regulation on Notification and Criteria for Assessing a Concentration

 

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

Press Releases:

85th session of the Council of Competition of Bosnia and Herzegovina

83rd and 84th session of the Council of Competition of Bosnia and Herzegovina

81st session of the Council of Competition of Bosnia and Herzegovina

80th session of the Council of Competition of Bosnia and Herzegovina

79th session of the Council of Competition of Bosnia and Herzegovina

76th session of the Council of Competition of Bosnia and Herzegovina

74th session of the Council of Competition of Bosnia and Herzegovina

72nd session of the Council of Competition of Bosnia and Herzegovina

71st session of the Council of Competition of Bosnia and Herzegovina

70th session of the Council of Competition of Bosnia and Herzegovina

66th session of the Council of Competition of Bosnia and Herzegovina

64th session of the Council of Competition of Bosnia and Herzegovina

63rd session of the Council of Competition of Bosnia and Herzegovina

61st session of the Council of Competition of Bosnia and Herzegovina

60th session of the Council of Competition of Bosnia and Herzegovina

59th session of the Council of Competition of Bosnia and Herzegovina

 

Annual Reports
No information available
Publications
(Papers-Reports- Speeches-Bulletins)
News
Contact Information

Council of Competition of Bosnia and Herzegovina
Radiceva 8
71000
Sarajevo
Bosnia and Herzegovina, Europe

Tel: + (387 33) 25 14 06
Fax: + (387 33) 25 14 08

Email: kontakt@bihkonk.gov.ba

 

Competition Authority Website(s)
   
Bulgaria(Last updated 01/03/11) 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 01/12/10) 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 01/12/10) 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 01/06/10) 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 01/04/10) 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 01/12/10) 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 01/12/10) 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 01/12/10)

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 01/03/11)

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 26/08/10)

 

All European Countries
Overview
(General Information)

The Law on the modernisation of the economy (LME), passed on 4th August 2008, transformed the Conseil de la concurrence into a new Autorité de la concurrence, the Competition Authority. The Authority’s task is to carry out all activities of competition regulation (inquiries, antitrust activities, merger control, publication of opinions and recommendations).

The Authority's investigation services handles both preliminary inquiries and full investigations, which had been previously split between two different organizations (the DGCCRF and the Conseil de la concurrence). It is also responsible for merger control and assesses the competition implications of the mergers, taking into account the possible efficiency gains. The executive power may, nonetheless, have the final say in the situations where the country's fundamental interests are at stake.


The reform has granted the Authority the power to issue, at its own initiative, opinions concerning the competitive functioning of markets. It may, whenever it deems appropriate, express the point of view of a competition expert. It can contribute to drawing up of legal texts or to recommending measures or actions in order to improve the competitive functioning of markets. When dealing with competition infringement, the reform gives the new Authority the power to influence not only the way companies behave, but also the structure of the market itself. If behavioural injunctions and/or fines prove insufficient to resolve the problem, the Authority may impose "structural" measures, which may go as far as ordering the sale of retail space in order to restore competition. Likewise, if the Authority notices that an economic player abuses a dominant position acquired after a merger, it can call that operation into question.

(Source)

Legislation
(Legal Acts-Regulations-Resolutions)

LME Bill on the modernisation of the economy (law of 4 August 2008)

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 amendment 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 Appeals

 

Press Releases

Autorité de la concurrence: Press releases

Annual Reports

Autorité de la concurrence: Annual reports

Annual Report – 2009 – (In French)

Annual Report – 2008 – (In French)


Annual Report – 2007 – (In French)

Annual Report – 2006 – (In French)

Annual Report – 2005 – (In French)

Annual Report - OECD - 2004 (in French)

Annual Report - OECD - 2003

Annual Report - OECD - 2000

 

Publications
(Papers-Reports- Speeches-Bulletins)

Publications

French Competition Authority Announces The Publication Of Guidelines On Cartel Sanctions For The End Of The Year – 10 May 2010 (Mondaq)

The Handbook of Competition Enforcement Agencies 2010 by Vogel & Vogel – A Global Competition Review Report available here

The New Competition Authority - 24 March 2009 (Mondaq)

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

Autorité 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 has enlarged powers and competencies, and is in charge of merger control.

   
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 by the Antitrust Authorities of EU and EFTA member States"
News No information available
Contact Information

Office of National Economy (Amt für Volkswirtschaft)
Kirchstr. 7,
FL-9490 Vaduz

Anne-Sophie CONSTANS - Head of Competition Affairs
T. +4232366881
Fax. 423-2366889
E-mail: Anne-Sophie.Constans@avw.llv.li

Josef HILTI
T. +423-2366873
Fax. +423-2366889

Hugo QUADERER
Fax. +423-2366895
E-mail: Hugo.Quaderer@avw.llv.li

 

Competition Authority Website(s) Office of National Economy (Amt für Volkswirtschaft)
   
Lithuania (Last updated 21/04/09) All European Countries
Overview
(General Information)

The Law on Competition of the Republic of Lithuania (hereinafter the Law on Competition) obligates the Competition Council of the Republic of Lithuania (hereinafter the Competition Council, the Council) to consistently improve and form the competition law in the Republic of Lithuania by adopting secondary legislation to facilitate the effective implementation of the provisions of the said Law. Over the year 2000, several important legal acts were prepared and adopted which assist the Competition Council in its activities, and provide guidance for undertakings in their assessment of the market position, as well as planning and development of their activities.

Legal framework of competition policy

Legislation
(Legal Acts-Regulations-Resolutions)

Anti-Trust Legislation

Merger Control Legislation

Misleading and Comparative Advertising Legislation

State Aid Legislation (coming soon)

Law on Competition of the Republic of Lithuania (As amended by 15 April 2004 No. IX-2126)

Resolution No. 45 of 27 of April 2000, of the Competition Council of the Republic of Lithuania
On approval of the Procedure for submission and examination of notification on concentration and of calculation of aggregate turnover (As amended by 13 January 2005 No. 1S-4)

Resolution No. 157 of 21 December 2000, of the Competition Council of the Republic Lithuania
On approval of procedure for preparation, submission and examination of applications for the confirmation that the agreement qualifies for a block exemption and applications for an individual exemption (Repealed by 2 September 2004 No. 1S-132).


Resolution No. 38 of 27 of December 1999, of the Competition Council of the Republic Lithuania
On granting of block exemption to vertical agreements in accordance with Articles 5, 6 and 7 of the Law on Competition of the Republic of Lithuania (Repealed by 2 September 2004 No. 1S-132).

Resolution No. 151 of 19 December 2001, of the Competition Council of the Republic of Lithuania
On granting of individual Exemptions to certain categories of the agreements in the insurance sector in accordance with Articles 5, 6 and 8 of the Law on Competition of the Republic of Lithuania (Repealed by 2 September 2004 No. 1S-132).

Resolution No. 152 of 19 December 2001, of the Competition Council of the Republic of Lithuania
On granting of individual Exemptions to horizontal cooperation agreements in accordance with Articles 5, 6 and 8 of the Law on Competition of the Republic of Lithuania (Repealed by 2 September 2004 No. 1S-132).

Resolution No. 157 of 27 December 2001, of the Competition Council of the Republic of Lithuania
On granting of Block Exemptions to categories of agreements concluded between users of agricultural land in accordance with articles 5, 6 and 7 of the Law on Competition of the Republic of Lithuania (Repealed by 2 September 2004 No. 1S-132).

Resolution No. 158 of 27 December 2001, of the Competition Council of the Republic of Lithuania
On granting of individual Exemptions to certain categories of technology transfer agreements in accordance with Articles 5, 6 and 8 of the Law on Competition of the Republic of Lithuania (Repealed by 2 September 2004 No. 1S-132).

Guidelines

ICN Anti-Cartel Enforcement Template

Concerning explanations of the competition council on the definition of the relevant market

On the approval of the rules concerning the setting of the amount of a fine imposed for the infringement of the law on competition of the Republic of Lithuania

On the explanations of the Competition Council concerning the establishment of a dominant position

Fighting bid rigging

Forms

Standart form of notification on concentration

Tables to the standart form of notification on concentration

Co-operation Agreements and Treaties

No information available

Selected Cases Selected Cases and Surveys
Press Releases

Competition Council Republic of Lithuania, Press Releases (Refer to website)

 

Annual Reports

Annual Reports

Annual Report OECD 2007

Annual Report OECD 2006

Annual Report OECD 2005

Annual Report OECD 2004

Annual Report OECD 2003

Annual Report OECD 2002

Annual Report OECD 2001/02

Competition Council Annual Reports

Competition Council State Aid Reports

 

Publications
(Papers-Reports- Speeches-Bulletins)

Global Forum on Competition

Working Party No.2 on Competition and Regulation (OECD)

Working Party No.3 on International Co-operation (OECD)

Committee Meetings

Seminar on Topics in Competition Policy for Transition Economies

New developments in competition policy in Lithuania after the accession to the European Union (2004 06 2-6)

Relationship between both competition and sector - cpecific regulators in Lithuania (2004 05 25-26)

Report on the relationships between the Competition Council and Communications Regulatory Authority

A Multilateral Agreement on Competition: a Lithuanian view (2003 03 29 - 2003 05 02)

Abuse of a dominant position: recent Lithuanian experience (2002 11 7-8)

Modernisation of Regulation 17: Impact upon Lithuania (2003 07 24)

News Competition Council Republic of Lithuania News
Contact Information

Competition Council, Republic of Lithuania
A. Vienuolio str. 8
LT - 01104 Vilnius
Fax (8+5) 212 64 92
E-mail tarnybakonkuren.lt
Web site http://www.konkuren.lt

 

Competition Authority Website(s) Competition Council, Republic of Lithuania
   
Luxembourg(Last updated 21/04/09) All European Countries
Overview
(General Information)
The law of May 17, 2004 on competition has created the two Luxembourg competition authorities. The two authorities are: the Competition council (independent administrative authority), decision maker and the Competition inspection, in charge of the investigations (service established within the Ministry of the Economy and Foreign Trade). The two authorities are member of the European competition network (ECN).

The two authorities have been set up in October 2004 and are operational since November 19, 2004. The Competition council and the Competition inspection are currently working on a specific website concerning competition on which one will find all the practical information concerning the new law on competition as well as the most important documents from DG Competition of the European Commission.

Legislation
(Legal Acts-Regulations-Resolutions)

Loi du 17 mai 2004 relative à la concurrence (In French)

Loi du 11 mars 2008 portant modification de la loi du 17 mai 2004 relative à la concurrence (In French)

Règlement intérieur du Conseil de la concurrence du 8 mars 2005 (In French)

 

Guidelines

Lignes directrices sur l'introduction d'une affaire devant les autorités de concurrence.

Formulaire pour permettre aux consommateurs de porter des informations de marché à la connaissance des autorités de concurrence

Note explicative sur le traitement confidentiel des informations

 

Forms ICN Template
Co-operation Agreements and Treaties No information available
Selected Cases

Autorités de concurrence (In French)

 

Press Releases Press (In French)
Annual Reports

Rappports (In French)

Rapports annuels (In French)

Annual Report OECD 2005

Annual Report OECD 2003

Annual Report 2001 (see page 113) (In French)


Publications
(Papers-Reports- Speeches-Bulletins)

Le droit de la concurrence au service des entreprises

Small Economies and Competition Policy – A Fair Deal?

Reform of the 17 May 2004 on competition, Allen & Overy, December 2007

Europäische Wettbewerbspolitik und die Verbraucher (In German)

EU competition policy and the consumer

La politique de concurrence de l'UE et le consommateur (In French)

 

News

News (In French)

Newsletter (In French)

 

Contact Information

Ministère de l'Economie Direction de la Concurrence et de la Protection des Consommateurs (DCP)
19-21, boulevard Royal
L - 2449 LUXEMBOURG
Tel.: +352 478-1
Fax: +352 460448


Euro Info Centre
Chambre de Commerce
7, rue Alcide de Gasperi
L-2981 LUXEMBOURG
Tel: +352 42 39 39
Fax: +352 43 83 26

 

Competition Authority Website(s)

Conseil de la Concurrence

Inspection de la Concurrence

 

 

   
Macedonia(Last updated 12/05/08) All European Countries 
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

Competition:

Law On Protection Of Competition

Law Amending the Law on Protection of Competition (Official Gazette of Republic of Macedonia no.70-06)

Law Amending the Law on Protection of Competition (Official Gazette of Republic of Macedonia no.22/07)

Competition By-laws:

Regulation on block exemption granted to technology transfer agreements licence know-how (06/06/2006)

Regulation on block exemption granted to horizontal specialisation agreements (06/06/2006)

Regulation on block exemption granted to vertical agreements (06/06/2006)

Regulation on block exemption of horizontal RD agreements (06/06/2006)

Regulation on block exemption of granted to agreements on distribution and servicing of motor vehicles (06/06/2006)

Regulation on the form and the content of the notification and criteria on concentrations' evaluation (06/06/2006)

Regulation on block exemption granted to agreements in the insurance sector (06/06/2006)

Regulation on Agreements of minor importance (06/06/2006)

 

State Aid:

Law on State Aid

Law on amending and supplementing the Law on State Aid

State Aid By-laws:

Regulation on Establishing Conditions and Procedure for Granting Horizontal Aid (27/12/2007)

Regulation on establishing conditions and procedure for granting regional aid (19/02/2007)

Regulation on the forms and procedure of notification to the State aid Commission and for assessment of State aid (19/02/2007)

Regulation on establishing conditions and procedure for granting aid for rescue and restructuring of firms in difficulty (19/02/2007)



Guidelines

Guidelines on defining relevant market for the purposes of the LPC (10/05/2007)

Guidelines to the Law on Protection of Competition
(09/05/2007)

Guidelines on the assessment of horizontal concentrations for the purposes of the LPC (07/05/2007)

Information leaflet on control of concentration according LPC (07/05/2007)

Information leaflet on restrictions of competition according to LPC (07/05/2007)

Macedonian ICN Anti-Cartel Enforcement Template (10/01/2007)

Macedonian ICN Merger Notification and Procedures Template (08/06/2006)

 

Forms No information available
Co-operation Agreements and Treaties

No information available

Selected Cases

Competition:

Decisions of the Court

Decisions in Administrative Procedure

Decisions in Misdemeanor Procedure

State Aid:

Decisions of the Courts

Decision in Administrative Procedure

 

 

Press Releases

No information available

 

Annual Reports

Annual Reports

 

Publications
(Papers-Reports- Speeches-Bulletins)

Program of the Monopoly Authority for the Year 2001

News

News

 

Contact Information

Monopoly Authority of The Republic of Macedonia
Commission for Protection of Competition
Dame Gruev 1
1000 Skopje
Republic of Macedonia

phone: ++389 2 3298 666
fax: ++389 2 3296 466
e-mail: kzk@kzk.gov.mk

 

Competition Authority Website(s) Monopoly Authority of the Republic of Macedonia
   
Malta (Last updated 21/04/09) All European Countries
Overview
(General Information)

Competition Legislation

a. on 1st October 2001 the Competition Amendment Act came into force introducing some very important provisions including giving the Office for Fair Competition more powers to intervene in the market to stop any anti-competitive practice taking place.

b. on 1st November 2001, a Block Exemption Regulation on Vertical Agreements and Concerted Practices came into force which replaced the four previous Block Exemption Regulations that expired in October 2001.

c. Merger Regulations under the Competition Act came into force in January 2003

Competition Policy in Malta

 

Legislation
(Legal Acts-Regulations-Resolutions)

Chapter 379 Competition Act

379.01 Applicability of Competition Act (Declaration) Order

379.02 Vertical Agreements and Concerted Practices (Block Exemptions) Regulations

379.03 Exemption Order for the purposes of article 30 of the Competition Act

379.04 Horizontal Agreements (Block Exemption) Regulations

379.05 Technology Transfer Agreements (Block Exemption) Regulations

379.06 Research and Development Agreements (Block Exemption) Regulations

379.07 Specialisation Agreements (Block Exemption) Regulations

379.08 Control of Concentrations Regulations

 

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 Consumer and Competition Division Annual Report 2005
Publications
(Papers-Reports- Speeches-Bulletins)

OECD Competition Policy, Industrial Policy and National Champions, Contribution from Malta, (02/02/2009)

OECD Competition Policy in Small Economies -Malta-

How Malta can get the most out of competition policy, (11/09/2008)

News No information available
Contact Information

Consumer and Competition Division Office for Fair Trading
Cannon Road
Sta Venera CMR 02
MALTA
Tel: +356 446250
Fax: +356 446257
Email: fair.trading@gov.mt

 

Competition Authority Website(s)

Consumer Competition Division, Ministry for Economic Services of Malta (under construction)

The State Aid Monitoring Board within the Ministry of Economic Services is responsible for State aid matters.

 

   
Moldova(Last updated 21/04/09) All European Countries 
Overview
(General Information)

The 1992 Anti-monopoly Law regulates the organisational and legal framework for the development of competition, as well as provides measures for preventing, restricting and forbidding monopolies in order to provide the necessary conditions for the creation and operation of the market economy. However, state monopolies are excluded from its jurisdiction.

The State Committee for Economic Reform is responsible for the state policy concerning facilitation of competition and restriction of monopolistic activities and are entitled to impose penalties, for violations of the law. Their main tasks include:

(i) to establish measures for developing market oriented relations on the basis of development of entrepreneurship and competition;

(ii) to prevent, restrict, and surpress monopolistic activities; and

(iii) to monitor compliance with the Anti-monopoly Law.

A new law on the Protection of Competition was introduced in on 31 December 2000, however the 1992 Anti-Monopoly Law has not been abolished. Whilst many of the provisions in the Law on the Protection of Competition are reproduced from the 1992 Law, it does regulate in more detail relations in the sphere of competition. It provides major definitions in the area of antimonopoly and competition policy, as well as stipulates basic restrictions for economic subjects and state authorities in order to protect competition.

(Source: Competition Regimes in the World-A civil society report)

Legislation
(Legal Acts-Regulations-Resolutions)

Law of the Republic of the Moldova concerning restrictions on monopolistic activities and development of competition

Law on Protection of Competition (in Romanian)

Law on the Protection of Competition (In Russian)

Law on Antidumping, Compensatory and Protection Measures (In Romanian)

Law on Antidumping, Compensatory and Protection Measures (In Russian)

Draft Law on State Aid

 

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties

Partnership and Co-operation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, 1998

European Union

 

Selected Cases Decisions (In Romanian)
Press Releases No information available
Annual Reports

Annual Report 2008 (Romanian)

Annual Report 2007 (Romanian)

Publications
(Papers-Reports- Speeches-Bulletins)
Publications Archive (Russian)
News A news section is under construction in the NAPC website.
Contact Information

Ministry of Economy and Reforms
1, Marii Adunari Nationale Sq.
274003 Chisinau
Republic of Moldova
Tel: + (3732) 23 74 48/23 41 33/ 23 42 50
Fax: + (3732) 23 40 64

 

Competition Authority Website(s)

Ministry of Economy and Reforms

National Agency for the Protection of Competition

 

   
Montenegro (last updated 15/06/09)
Overview
(General Information)
 
Legislation
(Legal Acts-Regulations-Resolutions)

Competition Law of 10 November 2005 (as amended in 2007)

EU Council Decision of 22 of January 2007 regarding European Partnership with Montenegro

Regulation on block exemptions

Guidance with respect to the criteria for defining the relevant market

Guidance with respect to the format and content of the Request for approval of a concentration

Rules and Regulations with respect to the content of the Request for individual exemptions

Rules and Regulations on the content of the Submission of the agreement and on the way of keeping records

Rules and Regulations with respect to the format and content of the Request to initiate the procedure

 

Guidelines  
Forms  
Co-operation Agreements and Treaties  
Selected Cases  
Press Releases  
Annual Reports  
Publications
(Papers-Reports_Speeches_Bulletins)
'Whither Competition Law in Montenegro: Current status and future challenges', [2007] ECLR 92, by Dr Irena Dajkovic, Avocat à la Cour, Clifford Chance LLP, London, United Kingdom
News  
Contact Information

Department of Internal Trade and Competition
Ministry of Economy of the Republic of Montenegro

Competition Authorities Website(s)  
   
Netherlands (Last updated 21/04/09) All European Countries
Overview
(General Information)
Information about the Netherlands Competition Authority and Legislation
Legislation
(Legal Acts-Regulations-Resolutions)

Competition Act, as amended on 1 August 2004

Amendments to Competition Act as of 1 October 2007 extending powers of Competition Commission

New regulations on economic competition (Competition Act)

General Administrative Law Act

OPTA

EU Block Exemptions that apply to the Netherlands

Sectorspecific Regulations:

Office of Transport Regulation

Office of Energy Regulation

 

Guidelines

NMa Guidelines:

New Remedy Guidelines (in Dutch)

NMa Fining Code 2007 AMEW, 10 October 2007
Guidelines on Cooperation between Undertakings, 2007 [updated text]
Guidelines on Cooperation between Undertakings, 8 April 2005 [summary version]
Amicus Curiae Guidelines, 23 September 2004
Best practices in relation to merger cases, 15 July 2004
Leniency Guidelines, 28 June 2002

ICN Implementation Handbook, April 2006

 

 

Forms

New Template for Merger Notification and Merger Licence Application (1 October 2007) (in Dutch)

Merger Notification and Procedures Template (31 March 2009)

 

Co-operation Agreements and Treaties Cooperation between European Competition Authorities (ECA) in the field of multi-jurisdictional mergers
Selected Cases

Benelux Railion- Chemeliot, February 14, 2003 (In Dutch)

Decisions

 

Press Releases

Press Releases Netherlands Competition Authority

News

 

Annual Reports

Annual Report 1998 - 2008

OECD Annual Report 2004

OECD Annual Report 2003

OECD Annual Report 2002

OECD Annual Report 2001

 

Publications
(Papers-Reports- Speeches-Bulletins)

Publications

Regulatory Reform in the Netherlands

 

News

News (In English)

NMa highlights new powers (10 November 2007)

Dutch Merger Control considered as “exemplar” in a recently published study by ICN (May 2006)

 

 

Contact Information

The Netherlands Competition Authority

Postal address:
NMa (Netherlands Competition Authority)
P.O. Box 16326
2500 BH The Hague
The Netherlands
info@nma-org.nl

Visiting address:
Wijnhaven 24
2511 GA The Hague
The Netherlands

Tel: +31 (0)70 330 33 30
Fax: +31 (0)70 330 33 70
E-mail: info@nma-org.nl

Dutch Ministry of Economic Affairs, Ministerie van Economische Zaken
Bezuidenhoutseweg 30
2594 AV Den Haag
The Netherlands
Tel: +31 (0)70 3081986 (or 0800 6463951 from within The Netherlands only).
E-mail: ezinfo@postbus51.nl


Competition Authority Website(s)

The Netherlands Competition Authority

Dutch Ministry of Economic Affairs, Ministerie van Economische Zaken

   
Norway(Last updated 21/04/09) All European Countries 
Overview
(General Information)
Overview of Norwegian Competition Legislation Today

Undertakings operating in Norway are obliged to comply with two sets of competition legislation; The Norwegian Competition Act and the competition rules applicable to undertakings of the EEA Agreement.

Norwegian Competition Legislation
A new Competition Act entered into force on 1 May 2004. The purpose of the Act is to further competition and thereby contribute to the efficient utilisation of society’s resources. When applying the Act, special consideration shall be given to the interests of consumers.

The Act is partly harmonized with EU competition rules and includes prohibitions against cartels and abuse of dominance. A pre-merger notification system is introduced. The criterion for prohibiting concentrations of the Competition Act of 1993 (“the creation or strengthening of a significant restriction of competition”) is carried on in the Competition Act of 2004. Companies that cooperate in discovering cartels may have their fines reduced.

Some amendments in the Competition Act of 2004 entered into force on 1 January 2005.

 

 

Legislation
(Legal Acts-Regulations-Resolutions)

Norwegian Competition Legislation - Refer to website

The Competition Act of 2004: Act of 5 March 2004 No. 12 on competition between undertakings and control of concentrations (including amendments in Act of 20 June 2008 No. 43)

The EEA Competition Act of 2004:
Act of 5 March 2004 No. 11 concerning implementation and enforcement of the competition rules of the EEA Agreement, etc. (including amendments in Act of 17 December 2004 No. 100) (updated 3 April 2007)

The Price Policy Act: Act No. 66 of 11 June 1993 relating to Price Policy (updated 25 January 2007)

Regulation on the Notification of Concentrations (updated 18 May 2007)

Regulation on the calculation of and leniency from administrative fines (updated 30th March 2007)

Norway: National Antitrust Legislation

 

Guidelines

Guidelines for standardized notification of a concentration

Guidelines for complete notification of a concentration

More information on the Norwegian Competition Authority’s control with concentrations

Notification of Concentrations


Forms

ICN Anti-Cartel Enforcement Template

Form for standardized notification of a concentration

Co-operation Agreements and Treaties

Agreement between Denmark, Iceland and Norway on Co-operation in Competition Cases


European Economic Area

Norway is a part of the European Economic Area (EEA) through its membership in EFTA. The rules and regulations in the EEA, which mirror those of the EC Treaty, have been implemented into Norwegian legislation through special Acts and regulations.

The EEA Competition Act of 2004 establishes competence for the Competition Authority to apply Articles 53 and 54 of the EEA Agreement. The Act entered into force on 19 May 2005. Some amendments were made in the Act in December 2004. These amendments entered into force on 1 July 2005.

Overview of the EEA competition rules (link to the EFTA Surveillance Authority)

Legal texts (link to the EFTA Surveillance Authority)

The EEA Competition Act of 2004 (as of 1 July 2005)
-amendments of substance
-notice about the Act’s entry into force

Selected Cases No information available
Press Releases

Press Releases

 

Annual Reports

Annual Reports Competition Authority

Annual Reoprt 2007

Annual Report 2006

Annual Report 2005

Annual Report 2004

Annual Reports OECD

Annual Report 2004 (OECD)

Annual Report 2003/04 (OECD)

Annual Report 2002 (OECD)

Annual Report 2001 (OECD)

Annual Report 2000 (OECD)

Annual Report 1999 (OECD)

Annual Report 1998 (OECD)

Annual Report 1997 (OECD)

Annual Report 1996 (OECD)

Annual Report 1995 (OECD)

Annual Report 1994 (OECD)

 

Publications
(Papers-Reports- Speeches-Bulletins)

Publications

An Introduction to Competition Law in Norway, May 2005 (Legal500.com)

Competition Law Update 2009

 

News News Archive
Contact Information

Konkurransetilsynet, The Norwegian Competition Authority
H.Heyerdahlgate 1, Postbox 8132 Dep
NO-0033 OSLO, Norway
Besøksadresse: H. Heyerdahls gate 1
Tel: +47 22 40 09 00
Fax: +47 22 40 09 99
E-post: post@konkurransetilsynet.no

 

Competition Authority Website(s)

Konkurransetilsynet, The Norwegian Competition Authority

 

   
Poland (Last updated 21/04/09) All European Countries
Overview
(General Information)

The Antimonopoly Office was established under the Act of 24 February 1990 on counteracting
monopolistic practices. The Antimonopoly Office began its operations in May 1990, when the
Council of Ministers passed its Statute. The competence of the Antimonopoly Office was increased several times. In the year 1996 the office took over the tasks related to the creation of consumer policy in Poland and protection of more vulnerable market participants.
Also then, the Antimonopoly Office was renamed to the Office of Competition and Consumer
Protection. In the year 2000 the OCCP started to supervise general product safety. A year later
the scope of the OCCP’s tasks was broadened to include monitoring of state aid granted to undertakings in Poland. In the year 2002 the OCCP launched actions aiming at the creation of a market surveillance system for products being subject of the Community directives and a system for monitoring the quality of liquid fuels.

The task of the Office of Competition and Consumer Protection is to guarantee appropriate conditions for the development and protection of competition and to undertake actions for the purpose of protecting undertakings and consumers.
The President of the Office, supported by two Vice-Presidents, is an organ of central governmental administration, and performs its tasks with the help of the Office. The OCCP has nine Branch Offices, which conduct proceedings at the local level and are headed by directors, who issue decisions on behalf of the President.
The President of the Office is elected in a contest by an independent commission consisting of
experts in the area of law and economics for a five-year term. The Prime Minister is the direct
superior of the President of the Office. Only the Court of Competition and Consumer Protection
is competent to control the decisions issued by the President of the Office.
Furthermore, the President of the OCCP is supported by consulting and advising institutions,
such as: the Council of Good Economic Practices, the Council of Sociologists and the National
Council of Consumer Ombudsmen. (Source: Competition Office OCCP)

Information about the Office of Competition and Consumer Protection (OCCP)

 

Legislation
(Legal Acts-Regulations-Resolutions)

Act of 16 February 2007 on competition and consumer protection (Journal of Laws of 2007, No. 50, item 331)

Competition Protection Regulations

State Aid: Act of 30 April 2004, on the procedural issues concerning public aid (Journal of laws 2004, No 123, item 1291)

Consumer Protection Regulations:

Act of 16 April 1993 on combating unfair competition


Act of the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 31 March 2000, No. 22 , item 271)


Act on protection of the purchasers of the right to use a building or residential unit for a specified time each year and on amendment to the Civil Code, Code of Minor Offenses,and the Law on Land and Mortgage Registers and Mortgage (Journal of Laws of 2000, No. 74, item 855)


Act on specific terms and conditions of consumer sale and amendments to the Civil Code

EU Rules and Directives

 

Guidelines

Article 27.3 of the Act on competition and consumer protection equips the President of the Office with an authority to issue the guidelines for entrepreneurs with an aim to explain the most complex notions of the Polish competition law, thus providing the President of the Office with an extremely effective tool for conducting the advocacy policy.

Guidelines of the President of the OCCP regarding procedures for notyfing the intended concentration, Warsaw 2003.

Guidelines of the President of the OCCP regarding criteria for notyfing the intended concentration, Warsaw 2003.

Guidelines for setting fines for competition-restricting practices

See also Publications

Forms No information available
Co-operation Agreements and Treaties

International - Bilateral Cooperation

Bilateral co-operation


Multilateral co-operation

The Office of Competition and Consumer Protection co-operates on a constant basis with the European Union institutions and international organizations such as: Organisation for Economic Co-operation and Development (OECD), World Trade Organisation (WTO), United Nations Conference on Trade and Development (UNCTAD), International Consumer Protection and Enforcement Network (ICPEN).

In contacting the Community bodies, the activities of the Office of Competition and Consumer Protection focus mainly on co-operation with the European Commission (Directorate-General for Competition, Health and Consumer Protection Directorate-General, Directorate General for Employment, Social Affairs and Equal Opportunities, Directorate General for Enterprise and Industry, Council of the European Union, the European Parliament, (the Committee on Internal Market and Consumer Protection), the European Economic and Social Committee (Section for Internal Market, Production and Consumption).

Additionally, the OCCP actively co-operates with other competition authorities of the European Community member countries within the framework of the European Competition Network (ECN). The Office is also involved in the works of the International Competition Network (ICN).

 

Selected Cases

2004
Horizontal agreements:


The proceeding concerned a possible agreement between the majority of banks in Poland
issuing cards in Visa and Mastercard systems, which could affect trade between the Member
States. The purpose of the agreement was a joint fixing of rates of the interchange fee charged
on transactions performed with cards in Visa and Europay/Eurocard/Mastercard systems on
the market of services related to regulating consumers obligations towards the merchants of
payments for products and services purchased with a payment card in the territory of Poland.
The proceedings are conducted to determine whether the agreement constitutes an infringement
of Art. 5.1.1 of the Act of 15th December 2000 on competition and consumer protection
and Art. 81.1 of the Treaty establishing the European Community. They are still in progress.

Abuse of a dominant position:

1. One of the most significant cases dealing with an abuse of a dominant position launched in 2004,
was the investigation on PKP Cargo - railway transport carrier. The President of the OCCP
in his decision emphasized the anti competitive nature of the following contractual provisions
present in the long-term agreements of PKP Cargo with entrepreneurs:
" to refrain from competitive activities (within groups of goods subject to the agreement),
aiming towards conducting activity within the scope of railway freight transport;
" when transporting goods, which are defined in the annex to the agreement, to use services
of PKP Cargo S.A. exclusively;
" when transporting commodities other than the ones mentioned in the annex to the
agreement,
" to use transport services offered by PKP Cargo on the basis of preferred choice;
" acceptance of the decision stating that a breach of the contractual provisions mentioned
above shall constitute grounds for terminating the agreement by PKP Cargo, without notice.
The proceeding ascertained that these agreements had a great effect on the relevant market
by reducing the number of entities transporting freight by rail, dominating the access to the
railway transport of goods, being able to control most railway freight transport in Poland.
Besides that, PKP Cargo effectively postponed the creation and development of competition
within the railway freight transport market and decided which of the entities shall be competitive.
The decision of the President of the OCCP is still not binding. Due to the PKP Cargo's appeal the
case is being diagnosed by the Court of Competition and Consumer Protection.

2. The second proceeding involved a possible infringement of Art. 8.2.5 of the Act
of 15th December 2000 on competition and consumer protection and Art. 82 of the Treaty
by Telekomunikacja Polska S.A. (TP S.A.). TP S.A. hindered the access to the IP transfer of an
adequate quality by external transit to the Internet Service Providers exercising an economic
activity in the territory of Poland. The Internet Service Provider (ISP) intending to grant access
to the Internet to its users can join with other operators of a similar size on the basis of a
free-of-charge exchange of traffic (peering) or sign an agreement where another ISP would carry
the traffic on his behalf (transit). The proceeding seems to prove that TP S.A. does not apply
the peering policy to the Polish operators and thus forces them to purchase a very expensive
transit connection. Apart from this, the incumbent (TP S.A.) probably intentionally uses a
discriminative restriction of data transfer in the net.
Due to all the abovementioned, the actions of Telekomunikacja Polska S.A. may affect trade
between the Member States, because they force the Polish ISP's to the resignation from the
services offered by foreign subjects. In the OCCP's opinion it may be an anti competitive
practice aimed indirectly at the foreign operators which offer lower and more balanced prices.
The proceeding is still in progress.
Another interesting abuse-of-dominant-position investigation was launched in 2004 against
Telekomunikacja Polska S.A. in relation with independent internet providers. In this case Netia
S.A. accused Telekomunikacja Polska S.A. of hindering customer's access to long-distance and
international services provided by Netia S.A. on pre-selection principles and preventing
conditions necessary for development of competition.
The aforementioned decision is still not valid.

Mergers and acquisitions

1. On 30th September 2004 the President of the OCCP consented to direct takeover
(Art. 12.2.2 of the Act on competition and consumer protection) by Quattro Management
Sp. z o.o. in Warsaw of Trinity Management Sp. z o.o. in Warsaw managing Jupiter Narodowy
Fundusz Inwestycyjny S.A. and of Pekao Uslugi Korporacyjne S.A. in Warsaw, comprising:
purchase of Trinity Management Sp. z o.o. in shares by Quattro Management Sp. z o.o.
from Bank Polska Kasa Opieki S.A. in Warsaw,
purchase of Pekao Uslugi Korporacyjne S.A. in stocks by Quattro Management Sp. z o.o.
from Bank Polska Kasa Opieki S.A. in Warsaw,
According to the competition authority the impact of the aforementioned concentration
on the market position of the concentration participants was insignificant (no proper markets
which the concentration would affect) and their market position on any of the product markets
on which they operate in Poland should not strengthen.

2. On 15th September 2004 the President of the OCCP consented to direct takeover of control by
CA IB Fund Management S.A. in Warsaw ("CA IB FM") over the following companies:
PZU NFI Fund Management Sp. z o.o. in Warsaw ("PZU NFI FM"), Drugi Narodowy Fundusz
Inwestycyjny S.A. in Warsaw ("Drugi NFI"), Narodowy Fundusz Inwestycyjny Progress S.A.
in Warsaw ("NFI Progress") and Narodowy Fundusz Inwestycyjny im. E. Kwiatkowskiego in
Warsaw ("NFI im. E. Kwiatkowskiego") comprising:
" purchase by CA IB FM shares in PZU NFI FM;
" purchase control package in Drugi NFI and obtaining of decisive impact on the
composition of supervisory and management bodies of Drugi NFI by CA IB FM;
" purchase of control package in NFI Progress nominal capital and obtaining of
decisive impact on the composition of supervisory and management bodies of NFI Progress by
CA IB FM,
" purchase of control package in NFI im. E. Kwiatkowskiego nominal capital and
obtaining of decisive impact on the composition of supervisory and management bodies of
NFI im. E. Kwiatkowskiego by CA IB FM.
Pursuant to Art. 25.1 of the NFI act the managing company may not provide management
services to two or more funds or be a stockholder of a fund to whom it provides management
services at the same time without a prior consent of the President of the Office of Competition and
Consumer Protection.
The OCCP decided that aforementioned transactions would not increase concentration on the
markets on which the companies of leading NFI portfolio operate and managed by PZU NFI FM
whose dominant entity CA IB FM intends to become.

2003
Vertical agreements

1. One of the most interesting proceedings against the vertical agreements, which was carried out
by the OCCP in 2003 dealt with the fuel sector. The discussed case was initiated by the
President of the OCCP on ex-officio basis against Rafineria Gdanska S.A - one of the major
Polish fuel refineries, and twelve of the distribution companies, it cooperated with.
The scope of an investigation covered the distribution agreement among the aforementioned
companies, which indirectly fixed prices and other conditions attached to the transactions
between those firms, as well as provided grounds for the potential market allocation.
In due course of the investigation the following has been established:
" By virtue of the cooperation agreement the companies in question set the maximum
amount of rebates from the producers' prices, which the distributor could give to its
clients. Embedding such clause in the contract amounted to the prohibited resale prices
maintenance.
" The discussed agreement de facto allocated the market, by limiting the wholesalers'
active sales only to their assigned territory (though they were not prohibited from selling
passively outside of it).
The investigation illustrated above was concluded by issuing the cease and desist order by
the President of the OCCP. No fine was imposed due to the fact that the agreement was
terminated prior to the conclusion of the investigation.

2. Another interesting investigation was carried out in relation to the vertical agreement
concerning the distribution of Husqvarna chainsaws. The agreement in question was signed
by the Electrolux Polska sp. z. o. o. ('Electrolux'), and its five regional dealers.
In due process of the investigation the following competition-restrictive clauses were found
in the agreement:
" agreement prohibited the distributors from selling the chainsaws of other producers
then Housqvarna (exclusive dealing clause)
" according to the agreement the distributors were obliged to apply for the Housqvarna
chainsaws, only the retail prices set by the Electrolux (RPM mechanism);
In light of the above the President of the OCCP issued a cease and desist order and imposed a
fine of EUR 43.000.

Mergers and acquisitions

1. One of the most interesting concentrations assessed by the Office on 2003 was the
takeover of Getraenke Beteiligungs AG ('Getraenke') by the Heineken International B.V.
('Heineken'). The discussed take-over was exterritorial in its nature as both merging parties
were located outside of Poland. Nonetheless both of the companies have been present on the
Polish market via their dependant companies.
During investigation it was established that the relevant market in this case was the Polish
national beer market. The market share of both merging parties was assessed at 37%.
However, due to the nature of the relevant market (i.e. numerous and strong competitors,
Poland's entrance to the EU internal market, as well trend to concentrate, which at that time was
highly visible among the European breweries) no relevant position was found, and the
acquisition was allowed to go ahead.

2. In 2003 the President of the OCCP conditionally approved two concentrations. One of those
acquisitions occurred in the area of waste processing. On 6th March 2003, the President of the
OCCP issued a decision conditionally approving the acquisition of 19 companies belonging
to the Lobe Group ('Lobe') by the Rethman Recycling Sp. z.o.o. ('Rethman').
During the investigation the relevant market was identified as local market for waste
processing, covering the area of one city. Further on, it was established, that, if approved,
the discussed concentration would result in expanding the Rethamn's share of the market to
53%. This, given the nature of the market, would amount to creation of the dominant position.
As the necessary precondition for approving the take-over, the President obliged Rethman to
sell-out Zaklad Robot Budowlanych - one of its dependant companies. The deadline for adhering
to the condition was set at the 31st December 2004. Further on, Rethman was
obliged to report to the Office on the implementation of the aforementioned condition.

 

Press Releases

Press Releases from the OCCP

Annual Reports

Annual Report OECD 2005

Annual Report OECD 2004/05

Annual Report OECD 2003/04

Annual raport on OCCP's activities in 2004

Reports on Activities of the OCCP

 

Publications
(Papers-Reports- Speeches-Bulletins)

Competition Law and the Liberalisation of the Polish Market, Neelie Kroes, Dutch-Polish Chamber ofCommerce Conference (24 June 2005)

Bulletins (in Polish)

Publications of the OCCP

Leniency Program

 

News

OCCP News

Contact Information

Office for Competition and Consumer Protection
UOKiK, Plac Powstanców Warszawy 1, 00-950 Warszawa,
Tel. + 022 55.60.800,
Fax + 022 826.50.76,
e-mail: uokik@uokik.gov.pl

List of OCCP Contacts

 

Competition Authority Website(s)

Office for Competition and Consumer Protection (The Office is responsible both for anti-trust and State aid matters)

   
Portugal (Last updated (22/04/09) All European Countries
Overview
(General Information)

Competition Policy and the Economy (by Abel M. Mateus, President of the Competition Authority)

The Mission of the Authority

 

Legislation
(Legal Acts-Regulations-Resolutions)

Leniency Law, Law No. 39/2006, of 25 August

Approving the Legal Framework for Competition (Law nº18/2003 of 11 June)

 

 

 

 

Guidelines

INFORMAÇÕES A PRESTAR NO QUADRO DAS NOTIFICAÇÕES DE OPERAÇÕES DE CONCENTRAÇÃO DE EMPRESAS

 

Forms

Regulation No. 120/2009 of 17 March 2009 - Notification form for concentrations between undertakings

Regulations Relating to the Notification form for Concentrations between Undertakings

Regulations on the Fees Payable for the Appraisal of Concentrations between Undertakings

Co-operation Agreements and Treaties

Co-operation at a national level

Bilateral Co-operations with Institutions in European Countries

Multilateral Co-operations


Selected Cases

Cases and decisions:

Notification of Mergers

Merger Decisions

Other Cases and Decisions

Non-notification cases

 

Press Releases

Press Releases

Annual Reports

Annual Report on Competition Policy submitted to OECD (July 2005-June 2006)

OECD Competition Law and Policy 2006-2007

OECD Competition Law and Policy 2004-2005

OECD Competition Law and Policy in 2003

OECD Competition Law and Policy in 2002

 

 

Publications
(Papers-Reports- Speeches-Bulletins)

Speeches and Articles:

Introduction to the Presentation by the President of the Competition Authority to the Budget and Finance Committee, on the March 12th, 2008

Speech of the President on the 2nd Lisbon Conference on Competition Law and Economics

Why Should National Competition Authorities be Independent? And how should they be Accountable?
26th April, 2007

The Bases of Competition Law and Competition Economics, Tomar, 13th January, 2006

I Lisbon Conference on Competition Law and Economics - Opening Speech by President of the Portuguese Competition Authority, 3rd November 2005

Presentation on the occasion of the Coming into Effect of the New Regime for Community Competition Policy

Competition Policy and the Economy

The European Competition Network: case referrals, 6th December, 2004



News

News (Competition Authority)

 

Contact Information Competition Authority
President Prof. Abel Mateus
Rua Laura Alves, nº4, 7º
1050-138, Lisboa
adc@autoridadedaconcorrencia.pt

Competition Authority Website(s)

Autoridade da Concorrencia

 

   
Romania (Last updated 22/04/09) All European Countries
Overview
(General Information)

The Competition Law No. 21/1996, published in the Official Journal no. 88/30.04.1996, was amended and completed by the Government Emergency Ordinance no. 121/2003, published in the Official Journal no. 875/10.12.2003, approved by the Law no.184/17.05.2004, published in the Official Journal no.461/ 24.05.2004. The adoption of the Competition Law, which came into effect on 01.02.1997, represented an important step to normalize the behaviours in the economy by defining the rules of acting and establishing the methods of defence.
Through Law no. 21/1996 and the secondary legislation issued in its application, Romania fulfilled the obligations of the Association Agreement between Romania and European Union regarding the policy in the field of competition ensuring thus a high degree of compatibility that refers to the way of approaching and regulating the agreements, concerted practices, abuse of dominant position and the control of the economic concentrations.
The legislation on competition policy followed in general the provisions of the Community legislation. The provisions of the art. 81 and 82 of the Amsterdam Treaty (including the Regulation no. 1/2003 on the application of these articles) have been taken over by the art. 5 and 6 of the Law no. 21/1996.
The provisions of the Regulation no.4064/1989 and no.3384/1994 of the European Communities' Council regarding the control of the economic concentrations were taken over by the Regulation regarding the authorization of the economic concentrations, adopted by Competition Council.
In the same spirit, Competition Council adopted other Regulations and Guidelines.
This Law is aimed at protecting, maintaining and stimulating competition to the benefit of consumers, and at creating the conditions to assess the behaviour of economic agents based on uniform principles.
It must be specified the fact that this Law ensures the protection of competition, not of the competitors ((protection of competition leads to advantages for consumers and for efficient companies, while protecting the competitors leads to inefficiency).

Legislation
(Legal Acts-Regulations-Resolutions)

Competition

Romanian Competition Law no 21/1996

Regulation on granting block exemption for specialisation agreements from the prohibition of Article 5(1) of the Competition Law no.21/1996

Regulation on exemptions on the application of Article 5(1) of the Competition Law no.21/1996 to certain categories of agreements and concerted practices concerning of the consultations on tariffs for the carrriage of passengers on of schedules air services and slot – allocation at airports

Regulation for the application of articles 5 and 6 of the Competition Law no.21/1996 regarding anti competitive practice, in cases of complaints

Regulation for the application of the provisions of art.5 and 6 of the Competition Law no. 21/1996 regarding anti competitive practice

Regulation on the application of article 5 (1) of the Competition Law no. 21/1996 to certain categories of agreements,decisions and concerted practices in the insurance sector

Regulation of June 3, 2004 for amending the Annex to the Regulation regarding the authorization of economic concentrations, published in the Official Gazette of Romania no. 601, Part I, of July 5, 2004

Regulation in the application of tariffs for procedures and services stipulated by the Competition Law and the Regulations issued in its application

Regulation concerning the authorisation of economic concentration

Regulation on finding the minor offences and application of sanctions by the Competition Council

Regulation on the form, content and other details of applications and notifications provided for in Competition Council’s Regulation for the application of the provisions of art.5 and 6 of the Competition Law no. 21/1996 regarding the anti-competitive practices

Regulation on the application of article 5 (2) of the Competition Law no. 21/1996 with ulterior modifications and completions, to certain categories of agreements, decision and concerted practices between liner shipping companies

Regulation on granting block exemption to research and development agreements from the prohibition stipulates at article 5(1) of the Competition Law no. 21/1996 with further modifications and completions

Regulation on the application of Article 5(2) of the Competition Law to categories of vertical agreements and concerted practices in the motor vehicle sector

Regulation of May 3, 2004 for amending paragraph 1 of art. 11 of the Regulation on the application of Article 5(2) of the Competition Law to categories of vertical agreements and concerted practices in the motor vehicle sector, published in the Official Gazette of Romania no. 521, Part I, of June 9, 2004

Regulation on organization, functioning and procedures of Competition Council

State Aid

Law no. 137/2007 for the approval of the Government Emergency Ordinance no. 117/2006 regarding national procedures in the state aid field, published in the Official Monitor no. 354/ 24th May 2007;

GEO 117/2006

State Aid Regulations: Refer to Website, 'Official Documents' > 'State Aid'

Orders

Order no.7/ 08/03/2007

Order no.300/21.12.2006 for putting into force the Regulation concerning the repeal of certain regulations and guidelines adopted by the Competition Council in the field of State aid (available only in Romanian)

Order no.229 of 11.10.2006 regarding the closing of the investigation in the case of SC SC Moldosin SA Vaslui (available only in Romanian)

Order no.177/26-07-2006 regarding the closing of the investigation having as object the applicability of art.5 of Competition Law no. 21/1996 in the case of the contracts concluded between SC Kandia-Excelent SA and the distributors of its products (available only in Romanian)

ORDER no.158/2004-06-10

ORDER no.157/2004-06-10

ORDER no.139 / 31-05-2006 for closing the investigation on the market of the service of railway transport of goods and of auxiliary services in respect to the railway transport (available only in Romanian)

ORDER no.131 / 24-05-2006 regarding the concluding of the investigation on the market of oncological products (Available only in Romanian)

ORDER no.119/2004-05-18

Binding Opinions and and Points of View

 

Guidelines

Guidelines on the rules for access to the Competition Council file in cases pursuant to art.5 and 6 of Competition Law no.21/1996 and in the economic concentration cases

Guidelines on the application of the Art.5 of the Competition Law, with further modifications and completions, regarding vertical agreements

Guidelines on the individualization of sanctions for the offences stipulated under Article 56 of Competition Law no.21/1996

Guidelines on individualization of sanctions for minor offences provided by art. 55 of the Competition Law no. 21/1996 with further modifications and completions

Guidelines on the application of the competition rules to access agreements in the telecommunications sector- framework, relevant markets and principles

Guidelines on application of the provisions of art.33 of the Competition Law no.21/1996 regarding calculation of the authorization fee for economic concentrations

Guidelines on the applicability of article 5 of the Competition Law No. 21/1996 to horizontal cooperation agreements.

Guidelines regarding the conditions and application criteria of a leniency policy pursuant to the provisions of the art. 56(2) of the Competition Law no. 121/1996 with subsequent amendments and completions

Guidelines on relevant market definition with a view to determining the significant market share

Guidelines on remedies acceptable in case of conditional authorizing of certain economic concentrations

Guidelines on calculation of turnover in the cases of anti-competitive practices stipulated in Art.5 and 6 of the Competition Law no. 21/1996,and in economic concentrations cases

Guidelines on interests rate in case of recovery/payment of unlawful and prohibited aid

Guidelines regarding the qualification of an enterprise as an SME

Guidelines on state aid to maritime transport

Guidelines on state aid in the form of guarantees

Guidelines on state aid and risk capital

Guidelines regarding the sales of lands and/or buildings by public authorities

Guidelines on State aid in the sector of short-term export-credit insurance

Guidelines regarding state aid in the air transport sector

 

Forms

No information available


Co-operation Agreements and Treaties

Bilateral Relations

Relations with other international organizations

Selected Cases

Decisions

 

Press Releases

Press Releases

 

Annual Reports

 

Report on State Aid 2004-2006

Reports and Monitoring Actions 2006-2008

2005 OECD Annual Report

Annual Report 2007

Annual Report 2006 (available in Romanian)

Annual Report 2005 (available in Romanian)

Annual Report 2004 (available in Romanian)

Annual Report 2003 (available in Romanian)

 

General results of Competition Council’s activity

Chapter 1. General Results of Competition Council's Activity

Chapter 2 Anti competitive Practices

Chapter 3 Economic Concentrations

Chapter 4 Advisory Opinions and Opinions Issued by the Competition Council

Chapter 5 Market Studies

Chapter 6 Relations with undertakings, non-government bodies and business community

Chapter 7 International Relations

 

Publications
(Papers-Reports- Speeches-Bulletins)

Recent Publications

 

News See Publications
Contact Information

Competition Office of Romania
12 Bdul Libertatii
3rd floor, Room 4
Bucharest, Romania
Tel: +40 1 4107 135 (Director of Cabinet)
+40 1 3153 070 (Deputy General Director)
+40 1 4106 006 (Juridical Counselor)
Fax: +40 1 311 1309
Email: oficiulconcurentei@bimos.ro
Head of the Competiton Office: Mr. Secretary of State Nice Tanase

Competition Council (Consiliul Concurentei)
Address: Piata Presei Libere, n.1 Corp. D1, Sector 1
013701 Bucharest OP 33
Tel: + 402 1 223 1198
Fax: + 402 1 223 4908
council@rccomp.eunet.ro

Competition Authority Website(s)

(Competition Office of Romania - forthcoming)

Competition Council (Consiliul Concurentei)

   
Russia (Last updated 15/12/09) All European Countries
Overview
(General Information)

Competition law and Policy in the Russian Federation, by OECD November 2004

The European Antittust Review 2010 - Global Competition Review

Legislation
(Legal Acts-Regulations-Resolutions)

Federal Law no. 57 of April 29, 2008 regarding the Procedures For Foreign Investments in the Business Entities of Strategic Importance For Russian National Defence and State Security

Law no. 135 on the Protection of Competition was passed on 26 July 2006 and came into force beginning 2007 (In Russian)

The new law revises the thresholds for determining whether or not a company is a monopoly. The upper limit is now a 50 per cent market share, unless the company can prove that it doesn't have unilateral market power. A company with less than 35 per cent market share, however, may also be viewed as a monopoly if demand for its product is inelastic.

The new law also changes Russia's merger control system, setting out when the use of per se rules is best and when the "rule of reason" should apply. It reduces the number of circumstances when filing is necessary so that only key mergers are reviewed.

The basis of the changes is the unification of two different laws regulating competition in the commodities and financial markets. A consequence of this is that both markets will be subject to a more uniform application of the competition law.

From Global Competition Review.

Law no.147 on Natural Monopolies

The Federal Antimonopoly Service has devised a new edition of the Federal Law on Natural Monopolies.The first edition of the draft legislation is available at the website.

Law no.117 on the Protection of Competition on the Financial Services Market

Law no.148-1 on Competition and Limitation of Monopolistic Activity in Commodities Market

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties

Memorandum on understanding between the Federal Antimonopoly Service (Russian Federation) and the Swedish Competition Authority for the years 2009-2010

Agreement on Cooperation in the Field of Competition Policy between the Federal Antimonopoly Service of the Russian Federation and the Poeple's Power Ministry for Light Industries and Trade of the Bolivian Republic of Venezuela

Memorandum on Cooperation between the Federal Antimonopoly Service of the Russian Federation and the Romanian Competition Council

Memorandum on understanding between the Federal Antimonopoly Service (Russian Federation) and the Italian Competition Authority

Programme on Cooperation between the Federal Antimonopoly Service of the Russian Federation and the Office of Competition and Consumer Protection of the Repubic of Poland for 2008-2009

Programme on Cooperation Between the Federal Antimonopoly Service of the Russian Federation and the Office for the Protection of Competition of the Czech Republic for 2006-2007

Programme on Cooperation Between the Federal Antimonopoly Service of the Russian Federation and the Office of Competition and Consumer Protection of the Republic of Poland for 2006 - 2007

Memorandum of Understanding between FAS Russia and SAIC China for Implementation of the Agreement between the Government of Russia and Government of China on Cooperation in the fields of Countering Unfair Competition and Antimonopoly Policy in 2006-2007

Programme on Cooperation Between the Federal Antimonopoly Service of the Russian Federation and the Council for Economic Defence, Secretariat of Economic Law of Ministry of Justice of Federal Republic of Brazil and Secretariat of Economic monitoring of Ministry of Finance for 2006-2007

Memorandum of Understanding between FAS Russia and the Swedish Competition Authority

Agreement on cooperation in the sphere of competition policy between the government of the Russian Federation and the government of the Federative Republic of Brazil

Programme on cooperation between the Federal Antimonopoly Service of the Russian Federation and the Finnish Competition Authority for 2006-2007

Memorandum regarding cooperation in competition policy among the Interstate Council for Antimonopoly Policy of CIS countries, the Competition Council of the Republic of Latvia, the Competition Council of Romania and the Fair Trade Commission of the Republic

Declaration of intention between the Ministry of the Russian Federation for antimonopoly policy and support to entrepreneurship and the Ministry of economy of the United Mexican States through the Federal Competition Commission

Declaration on intention for cooperation in the sphere of antimonopoly policy between the Ministry of the Russian Federation for antimonopoly policy and support to entrepreneurship and the Ministry for the production and the commerce of Bolivarian Republic

Memorandum on co-operation between the Ministry of the Russian Federation for Antimonopoly Policy and Support to Entrepreneurship and the Fair Trade Commission of the Republic of Korea

Memorandum on the co-operation between the State Antimonopoly Committee of Russian Federation and the Office of Economic Competition of the Republic of Hungary

Memorandum regarding cooperation in competition policy among the Interstate Council for Antimonopoly Policy of CIS countries, the Competition Council of the Republic of Latvia, the Competition Council of Romania and the Fair Trade Commission of the Republic

Programme on cooperation between the Federal Antimonopoly Service of the Russian Federation and the Finnish Competition Authority for 2006-2007

 

Selected Cases Practical Decisions
Press Releases Press Releases
Annual Reports

Report of the Federal Antimonopoly Service on Competition Policy in 2007

OECD: Global Forum on Competition - Peer review of Russia's competition law and policy (2004)

Competition Law and Policy in the Russian Federation (November 2004)

Annual Report OECD 2003/04

Annual Report OECD 2002

Annual Report OECD 2001

Annual Report OECD 2000

 

Publications
(Papers-Reports- Speeches-Bulletins)

The New Russian Competition Regime, Linklaters, 20 February 2008

OECD Competition Assessment Toolkit

Lessya Davydova, The changing nature of competition: the Russian response, 2004

News

News

Contact Information

Address of Federal Antimonopoly Service

Sadovaya Kudrinskaya, 11, Moscow, D-242, GSP-5, 123995

Phone numbers of International division

+ 7 495 252 70 48

+ 7 495 254 56 43

E-mail: international@fas.gov.ru

 

Competition Authority Website(s) Federal Anti Monopoly Service
 

Serbia (Last updated 22/04/09)

All European Countries
Overview
(General Information)

With the exemption of period between two World Wars, and the period of existance of the SFR of Yugoslavia, development of competition policy and its legal regulation can be pursued from the date of passing of Antimonopoly Law on June 26, 1996. The subject Law was in force from 4.07.1996 to 24.09.2005, however, its implementation was postponed as far as 1999, that is, until the setting up of the Antimonopoly Commission. Antimonopoly Commission was established as a collective administrative body within the Federal Ministry for Internal Trade of the former Federal Republic of Yugoslavia consisting of a President and six members appointed and released by the Federal government. Pursuant to the Antimonopoly Law, Antimonopoly Commission was responsible for issuing decisions concerning abuse of monopolistic, i.e. domonant position of economic entities, establishment of existance of monopolistic agreements as well as for submission of notifications of unlawful acts and requests for initiating of infringement procedure. Commission also consisted of Technical Service conducting investigations, establishing facts, gathering evidence and drawing up of proposals for decisions to be made by the Commission.

On the date of coming into force of Constitutional Charter of State Union Serbia and Montenegro on February 4, 2003, Antimonopoly Commission ceased its activities, and as of June 1, 2003, its Technical Service was taken over by the Ministry of Trade, Tourism and Services of the Republic of Serbia, within which it operated as the Antimonopoly Department.

On the date the current Law on Protection of Competition (hereinafter Law) was passed on September 14, 2005, (’Official Gazzette RS’ no. 79/05), coming into force on September 23, 2006, a new phase in development of competition law and policy in Serbia begun.

Pursuant to the Law on Protection of Competition, Commission for Protection of Competition (hereinafer Commission) has been set up as an independent and autonomous authority performing public legal competencies, in line with the Law, in the capacity of legal entity, located in Beograd and responsible for its activities to the National Parliament to whom it also submits its regular Annual Reports. The Commission was established on April 12, 2006 by the election of the President and Deputy President of the Council of the Commission for Protection of Competition.

The Commission consists of the Council of the Commission and Technical Service of the Commission.

 

Legislation
(Legal Acts-Regulations-Resolutions)

Draft Competition Law - as presented before the Serbian Parliament on 29 March 2009 (in Serbian)

Law on Protection of Competition (Official Gazette No. 79/05)

(The Federal Government Decree on establishment of the Antimonopoly Commission ("Official Gazette of the FRY", No. 44/97) - forthcoming))

 

Guidelines
Forms
No information available
Co-operation Agreements and Treaties

The Stabilization and Association Agreement between Serbia and the EU

On 28 April 2008, Serbia signed the Agreement which had been initiated on 7 November 2007 between Serbia and the EU. It contains comprehensive importance for the further development of competition issues in Serbia and provides for the direct implementation of the provisions of the Treaty of Rome which are relevant for the protection of competition and state aid in the volume which may have influence on the trade between Serbia and EU. The Agreement also obliges Serbia to further develop their competition regulatory framework in accordance with the inheritance of the EU, along with the establishment of an independent authority which should deal with the state aid in accordance with the principles expressed in the Rome Treaty. (Source: Mondaq)

 

 

Selected Cases
Press Releases
No information available
Annual Reports
No information available
Publications
(Papers-Reports- Speeches-Bulletins)
News
No information available
Contact Information

Serbia:

Antimonopoly Department of the Ministry of Trade, Tourism and Services of the Republic of Serbia
The Ministry’s Directory
Government of the Republic of Serbia
Ministry of Trade and Services
22-26 Nemanjina street, 11000 Belgrade
+381 (0)11 3618852

Commission for Protection of Competition

Kneginje Zorke 7
11000 Beograd
Republic of Serbia

Telephone: + 381 (0) 11 38 11 900
Fax: + 381 (0) 11 38 11 936

 

Competition Authority Website(s)
No information available
   
   

Slovakia (Last updated 18/12/09)

All European Countries
Overview
(General Information)

Role and aims of the Antimonopoly Office of the Slovak Republic

Competition pressure in market economy is one of the essential mechanisms of effectively working market. Consumer is the one who at most benefits from properly working market and from competition. If the entrepreneurs at the market work under the competition pressure, they are naturally motivated to improve the efficiency of production and distribution, to decrease prices, improve quality and to innovate their products. Afterwards the consumer acquires the best result comparing the quality and price of products and services.

Competition is a tool to deal with the market failures coming out from the lack of rivalry. The aim of competition protection policy is to protect competition and to contribute to the development of competition conditions. Competition policy is also the tool to create the surroundings attractive for the investments and for the increase of jobs, so it may ensure the sustainable increase and ability to compete of the economy in the long term. Rivalry becomes effective when the independent subjects act in the markets and each of them is faced to the competition pressure from the side of the others.

The Antimonopoly Office of the Slovak Republic as a central state administration body has been established in 1991. Its role is to intervene against competition restriction by the entrepreneurs – against agreements restricting competition, abuse of a dominant position and to take preventive control over the market structures through the assessment of concentrations. The Office may sanction also the conduct of other state authorities or municipality bodies when distorting the competition conditions.

The work of the Office is of the expert-analytical nature, followed by the issuing of the decision. The Office’s interventions should sensitively fine-tune the operation of market mechanism.

Accessing the European Union the European dimension of competition legislation application in the Slovak Republic has been strengthened and the Antimonopoly Office of SR becomes the part of the structure of European competition authorities.

Competition is one of the key areas with the European Union. Effective competition is quite important for the working of common European market, above all for the free flow of products, jobs, services and capital. European Commission decides on cases identical with the areas of responsibilities of the Antimonopoly Office of SR (concentrations, agreements restricting competition, abuse of a dominant position), however Commission decides only on those cases which have the impact on the trade among the member states. Commission may decide also on the cases which should be assessed by several antimonopoly institutions. The aim of such a procedure is to increase the efficiency of the decision-making process and to assess the impact on the common market on a higher level.

(Source: Competition Authority)

 

Legislation
(Legal Acts-Regulations-Resolutions)

Legislation in Force:

Act No. 136 of February 27, 2001 on Protection of Competition and on Amendment of Act of the Slovak National Council No. 347/1990 Coll. on Organisation of Ministries and Other Central State Administrative Bodies of the Slovak Republic as amended - rules governing mergers can be found in Articles 9-13

Act No. 465 of June 20, 2002 on Block Exemptions from the Ban of Agreements Restricting Competition and on Amendment of Some Acts - rules governing mergers can be found in Clause II and Clause III.
zip

Decree No. 268 of the Antimonopoly Office of the Slovak Republic laying down details of particulars of a notification of concentration

Decree No. 269 of the Antimonopoly Office of the Slovak Republic laying down details of the calculation of turnover

Secondary Legislation in EU:

Antitrust

Concentrations

Leniency Programme

Public Discussion on Leniency Programme application

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties

OECD – The Organization for Economic Co-operation and Development

ICN - International Competition Network

ECN - European Competition Network

ECA - European Competition Authorities

ACE - Association of Competition Economics

Selected Cases

Important Decisions for 2008

Important Decisions for 2007

Important Decisions for 2006

Important Decisions for 2005

Important Decisions for 2004

Important Decisions for 2003

Important Decisions for 2002

Important Decisions for 2001

Press Releases

2009 Releases

2008 Releases

2007 Releases

2006 Releases

2005 Releases

 

Annual Reports

Annual Report 2008

Annual Report 2007

Annual Report 2006

Annual Report 2005

Annual Report 2004

Annual Report 2003

OECD Annual Report 2005

OECD Annual Report 2004

OECD Annual Report 2003

OECD Annual Report 2002

OECD Annual Report 2001

OECD Annual Report 2000

 

Publications
(Papers-Reports- Speeches-Bulletins)

Published Articles

Competition Protection Activities

 

News No information available
Contact Information

Antimonopoly Office of the SR
Drienová 24
826 03 Bratislava, Slovakia
Tel.: +421-2-43337 305
Fax : +421-2-43333 572
E-mail :pusr@antimon.gov.sk

 

Competition Authority Website(s)

Antimonopoly Office of the SR

 

   
Slovenia (Last updated 17/06/10) All European Countries

Overview
(General Information)

 

The basis for the legal arrangement of the protection of competition in the Republic of Slovenia is provided by Article 74 of the Constitution of the RS, which prohibits practices restricting competition in a manner contrary to the law. Systemic protection of competition is regulated in the Prevention of the Restriction of Competition Act (Official Gazette of the RS, nos. 56/1999 and 37/2004, hereinafter ZPOmK), which is fully harmonised with the EU legislation. The basic principles of the protection of competition are also contained in the provisions of individual sectoral laws.

ZPOmK describes material provisions on prohibited restrictive agreements, abuses of a dominant position and concentrations, as well as procedural rules and powers of the authority competent for the protection of competition. It also regulates restriction of the market by authoritative legal instruments and actions. Legislative provisions prohibit government bodies, local community bodies or entities exercising public authorisations from imposing any restriction of the free operation of undertakings on the market. Assessment of such instruments and actions does not fall under the jurisdiction of the Competition Protection Office.

(Source: Competition Authority)

 

Legislation
(Legal Acts-Regulations-Resolutions)
Prevention of the Restriction of Competition Act (Official Gazette of the RS, nos. 56/1999 and 37/2004, hereinafter ZPOmK)

ZPOmK describes material provisions on prohibited restrictive agreements, abuses of a dominant position and concentrations, as well as procedural rules and powers of the authority competent for the protection of competition. It also regulates restriction of the market by authoritative legal instruments and actions. Legislative provisions prohibit government bodies, local community bodies or entities exercising public authorisations from imposing any restriction of the free operation of undertakings on the market. Assessment of such instruments and actions does not fall under the jurisdiction of the Competition Protection Office.

On the basis of the ZPOmK, the following regulatory acts have been adopted:

Decree Defining the Contents and Elements Required for the Notification Form for the Concentration of Undertakings (Official Gazette of the RS, 4/2000), which comprehensively describes the information on the basis of which the Office assesses the compatibility of a concentration with the rules on competition.

Decree on Block Exemptions (Official Gazette of the RS, 69/2002 and 6/2003), regulating those types of restrictive agreements that meet certain conditions listed in the Act, and are therefore permissible and need no notification to the Office.

Instructions on the Method and Conditions for Defining the Relevant Market (Official Gazette of the RS, 83/2000 and 69/2002), setting out the method and conditions for the definition of the relevant market required in procedures conducted before the Office.

Guidelines

No information available

 

Forms

ICN Merger Notification and Procedures Template

ICN Anti-Cartel Enforcement Template

 

Co-operation Agreements and Treaties

No information available

Selected Cases No information available
Press Releases

Competition Protection Office adopts first decision regarding violations of Articles of the EC Treaty concerning abuse of dominant position on the market for organisation of systems for the collection and
recycling of commercial packaging waste by Slopak d.o.o.

Competition Protection Office adopts decision regarding concerted action on the market for supply of electricity for household customers by five distribution companies.

 

Annual Reports

Annual Report 2006

Overview Table 2003

Overview Table 2002

Overview Table 2001

Overview Table 2000

 

Publications
(Papers-Reports- Speeches-Bulletins)

OECD, Questionnaire on the Challenges Facing Young Competition Authorities, Contribution from Slovenia, January 2009

Slovenia: Control tightens

Enforcement Record for 2003

Enforcement Record for 2002

Enforcement Record for 2001

Enforcement Record for 2000

 

News Government approves amendments to Prevention of Restriction of Competition Act, 02.04.09
Contact Information

Competition Protection Office
Kotnikova 28
1000 Ljubljana
Slovenia

Director: Andrej Plahutnik
tel: ++ 386 1 478 35 97
fax: ++ 386 1 478 36 08
e-mail: uvk.mg@gov.si
http://www.gov.si/uvk/

Competition Authority Website(s)

Competition Protection Office - CPO

 

   
Spain (Last updated(17/06/10) All European Countries
Overview
(General Information)

On 1 September 2007, the new Spanish Competition Act (Act 15/2007 of 3 July 2007) came into force, repealing the previous Competition Act of 1989. It entrusts the Comision Nacional de la Competencia (CNC) with the mission to preserve, guarantee and promote the existence of effective competition in markets at the national level as well as to procure a consistent application of the Competition Act by exercise of the functions attributed to it thereunder, and therefore gives the CNC the necessary independence from the Government.

The CNC absorbs the former Competition Service and Tribunal and is now the only competition authority with jurisdiction for all of Spain. For further information, refer to the CNC Launch Plan 2007-2009.

 

Legislation
(Legal Acts-Regulations-Resolutions)

LEY 15/2007, de 3 de julio, de Defensa de la Competencia (In Spanish) Law 15/2007 entered into force on the 1st of September 2007

LEY 16/1989, de 17 de julio, de Defensa de la Competencia. Texto refundido de las disposiciones legales vigentes en materia de defensa de la competencia, con la modificación incorporada por la Ley 62/2003, de 30 de diciembre, de medidas fiscales, administrativas y del orden social (B.O.E. núm. 313 de 31 de diciembre), por la que se modifican determinados artículos de la Ley 16/1989, de 17 de julio, de Defensa de la Competencia (B.O.E. núm. 170 de 18 de julio). (El presente texto es un documento de trabajo y no tiene caracter Oficial) (In Spanish) (Repealed)

Competition Law 16/1989 of July 17th. This text has been amended with the standing legal provisions regarding the defence of competition, including the change that was incorporated by Act 62/2003, of 30 December (“Official State Gazette” No. 313 of 31 December), which changed certain articles in Competition Act 16/1989, of 17th July, (“Official State Gazette” No. 170 of 18th July) (Repealed)

Real Decreto 261/2008, de 22 de febrero, por el que se aprueba el Reglamento de Defensa de
la Competencia
.

Real Decreto 602/2006 (Reglamento de exención de determinadas categorías de acuerdos de intercambio de información sobre morosidad)

Royal Decree 2295/2004 on the application of the Community Rules of Competition in Spain (In Spanish)

REAL DECRETO 864/2003, de 4 de julio, por el que se aprueba el Estatuto del Tribunal de Defensa de la Competencia. (In Spanish) (Real Decree 864/2003, approving the Competition Tribunal Statute)

Royal Decree 378/2003, March 28th, Implementing the Competition Act 16/1989, July 17th, concerning block exemptions, individual authorizations and Competition Register.

Ley 36/2003, de 11 de noviembre (Reforma de la Ley 16/89), de Medidas de Reforma Económica (Law 36/2003, Economic Reform Measures)

Decreto 222/2002, de 27 de agosto 2002, por el que se crean los órganos de defensa de la competencia de la Generalidad de Cataluña. (In Spanish)

Ley 53/2002, de 30 de diciembre (Reforma de la Ley 16/89), de Medidas Fiscales, Administrativas y del Orden Social (Law 53/2002 on Fiscal, Administratives and Social Order Measures)

Ley 1/2002, de 21 de febrero, de coordinacion de las competencias del Estado y las Comunidades Autonomas en materia de defensa de la competencia. (In Spanish)

Act 1/2002, of February 21st, regarding Co-ordination of the State and Autonomous Communities’ Competences on Competition Defence.

Ley 24/2001, de 27 de diciembre, por la que se transforma naturaleza jurídica del Tribunal de Defensa de la Competencia. (Law 24/2001 by means of which the legal nature of the Tribunal for the Defense of Competition is transformed) (In Spanish)

Ley 62/2002, de 31 de diciembre (Reforma de la Ley 16/98 y 1/2002), de Medidas Fiscales, Administrativas y del Orden Social (Law 62/2002, on Fiscal, Administratives and Social Order Measures)

Real Decreto 1443/2001, de 21 de diciembre, por el que se desarrolla la Ley 16/1989, de 17 de julio, de Defensa de la Competencia, en lo referente al control de las concentraciones económicas (Repealed by Real Decreto 261/2008)

Royal Decree 1443/2001
, of December 21st, implementing the Competition Act 16/1989, of 17th July, regarding the control of economic concentrations. (Merger Control) (Repealed by Real Decreto 261/2008)

Ley 9/2001, de 4 de junio, por la que se modifica la disposición transitoria sexta de la Ley 54/1997, de 27 de noviembre, del Sector Eléctrico, determinados artículos de la Ley 16/1989, de 17 de julio, de Defensa de la Competencia, y determinados artículos de la Ley 46/1998, de 17 de diciembre, sobre introducción del euro. (In Spanish) (modifying the sixth transitory disposition of Law 54/1997 on Electric Sector, some articles of Law 16/1989 on Competition and some articles of Law 46/1998 on Euro introduction)

Real Decreto 6/2000 (Control de Concentraciones) Real Decreto Ley 6/2000, de 23 de junio, de medidas urgentes de intesificación de la competencia en mercados de bienes y servicios (Royal Decree on Urgent Measures for Increasing Competence in Goods and Services' Markets)

Real Decreto Ley 52/1999,de 28 de diciembre, de reforma de la Ley 16/1989, de 17 de julio, de Defensa de la Competencia. (Royal Decree Law 52/1999, of December 28th, amending Law 16/1989)

Real Decreto 295/1998, de 27 de febrero, relativo a la aplicación en España de las Reglas Europeas de Competencia (In Spanish) (Royal Decree 295/1998 relative to the application of European Competition Rules in Spain)

Real Decreto 157/1992, de 21 de febrero, por el que se desarrolla la Ley 16/1989, de 17 de julio, en materia de Exenciones por Categorías, Autorización Singular y Registro de Defensa de la Competencia (In Spanish) (Royal Decree 157/1992, on Block Exemptions, Individual Authorisation and Competition Register)

Decreto 538/1965, de 4 de marzo, por el que se aprueba el Reglamento del Tribunal de Defensa de la Competencia. (In Spanish) (Decree 538/1965,Regulation of the Competition Tribunal)

 

 

 



 

 

 

 

 

Guidelines

Report on the application of the competition rules to the agrifood sector, 16 June 2010
The report is a response to a request from the Chairman of the Economy and Finance Committee of the Spanish Parliament, received in December 2009.

Merger Notification and Procedures Template (currently not available)

Provisional Guidelines for Leniency Programme (in Spanish)

Leniency Programme 2008: The final steps of the leniency programme was adopted on 27 February 2008. Even though the possibility of such a programme was included in the new Competition Act ("LDC") enacted in 2007, its practical application was postponed until an implementing regulation entered into force.

Following the European Commission's policy on this subject, articles 65 and 66 LDC state that the Competition Commission may grant immunity from fines or reduce the fine for companies that, although forming part of a cartel, report it to the CNC, while submitting substantial evidence and cooperating in full with the investigation.

In order to provide companies with some procedural guidance on this new program, the CNC (National Competition Commission) has published provisional guidelines on processing requests for leniency. These provisional guidelines also contain a standard model for leniency applications. Some of its most noteworthy aspects are as follows:

  • A special Cartels and Leniency Unit has been set up within the CNC to deal more effectively with these cases.
  • Following the European Community’s model, only the first whistleblower to report the cartel, meeting all the requirements for this, may opt for total exemption from the fine. The next members of the cartel to report it will only be able to obtain a reduction of between 20% and 50% of the fine.
  • It rules out the possibility of accepting requests for leniency after the Statement of Objections, although it is still possible to submit requests for a reduction.
  • The information to be provided is quite exhaustive. This could be a problem because although, as with the European Commission, it is possible to submit a brief request that has to be completed later on, the Spanish procedure seems to be somewhat stricter. It states that this is a possibility of an exceptional nature and is only possible after a justified request.
  • Although it is possible to submit verbal statements, the CNC is not obliged to accept this form of giving evidence.

(Source: Mondaq)

 

 

Forms

Notificación de Operaciones de Concentración

Cómo Formular una Denuncia

Impresos Pago Tasa

 

Co-operation Agreements and Treaties

Collaboration agreement between the National Competition Commission and the Government of The Principality of Asturias (June 2010)

 

Selected Cases

Resoluciones

Revisión Jurisdiccional de las Resoluciones

Press Releases

Press Releases

 


Annual Reports

CNC Report 2007

OECD 2004 Annual Report on Competition Policy Developments in Spain

 

 

Publications
(Papers-Reports- Speeches-Bulletins)

Competition Commission Publicaciones

Tribunal Català de Defensa de la Competència Publicaciones

Competition Commission Informes:

Ley 15/2007:

Actualmente no existen informes elaborados de acuerdo con la Ley 15/2007

Ley 16/1989:

Informe sobre las Barreras a la Entrada en el Sector del Cemento (2006)

I 99/02 Restricciones legales a la competencia en el transporte de mercancías por carretera (2005)

I26 10/04 Informe sobre la prestación de servicios de Inspección Técnica de Vehículos (2004)

Informe preliminar sobre la Investigación de la cadena de distribución de determinadas frutas y hortalizas (2004)

Informe sobre las condiciones de competencia en el sector de la Distribución Comercial (I 100/02)

(2003)

Informe sobre el Precio Fijo de los libros (1997)

La Competencia en España: Balance y Nuevas Propuestas (1995)

Remedios Políticos que pueden favorecer La Libre Competencia en los servicios y atajar el daño causado por los monopolios (1993)

Informe sobre el Libre Ejercicio de las Profesiones (1992)

 

News

Novedades

20 February 2008: Spain's Competition Commission today published its provisional leniency guidelines, five months after the country's competition act, which provides for a leniency programme, came into force. The guidelines, which are due to be approved and operational by the end of this month, are based on the European Commission's model leniency programme. (Source: Global Competition Review)

Spanish antirust Law-new antitrust regulation

 

Contact Information

SERVICIO DE DEFENSA DE LA COMPETENCIA

Department of Restrictive Conducts
(Subdirección General de Conductas Restrictivas de la Competencia)

Address: Paseo de la Castellana, n. 162, Planta 21, 28046, Madrid.
Phone: +34 915 835 478 / +34 915 837 645
Fax: +34 915 837 354
E-mail: <sgcr@meh.es>

Department of Mergers
(Subdirección General de Concentraciones)
Address: Paseo de la Castellana, nº 162, Planta 20ª, 28046, Madrid
Phone: +34 915 835 167 / +34 915 835 188
Fax: +34 915 835 338
E-mail: sgconcentraciones@mineco.es

Department of Legal Affairs and Institutional Relations
(Subdirección General de Asuntos Jurídicos y Relaciones Institucionales)
Address: Paseo de la Castellana, nº 162, Planta 20ª, 28046 Madrid
Phone: +34 915 837 691
Fax: +34 915 835 505
E-mail: sgajri@mineco.es

TRIBUNAL DE DEFENSA DE LA COMPETENCIA (Competition Tribunal)
Calle Velazquez, n. 147
28002 Madrid, Spain
Tel: +34 915 680 510
Fax: +34 915 680 590

Tribunal Catalá de Defensa de la Competencia (Catalan Court for the Defense of Competition)
Address: Pau Claris, 138 2n pis
08009 Barcelona
SPAIN
Tel: +34 935 566 734
Fax: +34 935 566 744 E-mail: tcdc.eif@gencat.net

 

Competition Authority Website(s)

La Comisión Nacional de la Competencia

Tribunal Catalá de Defensa de la Competencia

 

   
Sweden (Last updated 17/06/10) All European Countries
Overview
(General Information)

An overview of the Competition Act

The Competition Act (2008: 579) contains prohibitions against anti-competitive co-operation and abuse of a dominant position. The Act also contains rules governing concentrations between undertakings. The Swedish Competition Authority applies Articles 81 and 82 EC Treaty in accordance with EC Regulation 1/2003.
Investigation of companies
The Competition Act prohibits companies from anti-competitive co-operation concerning i.a. prices and discounts. Market sharing arrangements between companies are also prohibited.
The Competition Act provides the Swedish Competition Authority with the power to carry out on-site inspection of companies in order to secure evidence of practices contravening these prohibitions.
If the Authority has grounds to suspect that a serious infringement of the Competition Act has taken place, it may apply to the Stockholm City Court for an authorization to carry out an inspection at a company’s premises i.e. a dawn raid.
Under normal conditions the Authority carries this out without any warning and investigates whether there is documentation which can be used to provide evidence of a possible infringement of the Competition Act.
The Authority can also carry out an inspection of a company at the request of the European Commission and provide assistance for the Commission’s inspections in Sweden. Inspections may also be carried out at request of competition authorities in the EU member states.
Abuse of a dominant position
The Competition Act prohibits abuse of a dominant position on the Swedish market by one or more undertakings. Having a dominant position is not in itself prohibited, what is prohibited is the abuse of market power.
A dominant position means that an undertaking has a strong economic position making it possible for the undertaking in question to prevent effective competition by acting independently of its competitors and customers and ultimately of consumers.
Merger control
The Competition Act contains rules for notification of mergers to the Competition Authority. The Authority is to be notified of a corporate merger when the aggregate annual turnover in Sweden of the companies involved exceeds SEK 1 billion, and where at least two of the companies involved have a turnover in Sweden that exceeds SEK 200 million per company.
Sanctions
The Competition Authority can order infringements of the prohibitions of the Act to be terminated with or without the attachment of a fine.
If particular grounds exist e.g. where more serious infringements occur, the Authority may issue an interim order which will apply until it makes its final decision.
The Stockholm City Court on the petition of the Competition Authority may also prohibit a concentration between undertakings. Alternatively the Court can decide on other less extensive measures to prevent the harmful effects of such a concentration.
A company in violation of any of the prohibitions of the Competition Act may be liable to pay an administrative fine. An administrative fine is determined by the Stockholm City Court subsequent to action brought by the Competition Authority.
If the company admits to having infringed the competition rules, the Authority may issue a ‘fine order’. This means the Authority does not have to go to court and claim an administrative fine in cases where the parties are in agreement. Companies are free to accept a fine order, or not. An accepted fine order has the same effect as a court ruling.

By Swedish Competition Authority

Legislation
(Legal Acts-Regulations-Resolutions)

Swedish Competition Act

Changes to the Swedish Competition Act, 2008

New Leniency Policy published on April 28, 2006 and effective since March 15, 2006

Public Procurement Act

 

Guidelines

Anti-Competitive Cooperation

Prohibition Against Abuse of Dominant position

Merger control in Sweden

Leniency: Notification of participation in a cartel

Competition Rules of the EU

Strategy of the Swedish Competition Authority and its Direction for Procurement Issues

 
Forms  
Co-operation Agreements and Treaties

No information available

Selected Cases

Decisions since 1998 (in Swedish)

Press Releases

Swedish Competition Authority Press Releases

Swedish Consumer Agency Press Releases

 

Annual Reports

Annual Report 2008

Annual Report - OECD - 2004

Annual Report - OECD - 2003

Annual Report - OECD - 2002

Annual Report - OECD - 2001

Publications
(Papers-Reports- Speeches-Bulletins)

Publications

Market Law in Sweden (Extract)

'Ex-post evaluations initiated by Swedish Competition Authority', International Competition Law Forum, May 2010

News

Seven new research projects focusing on Competition, (June 2010)

New Swedish law to prevent unfair competition, (Swedish Competition Authority, 27 August 2009)

News Archive

Contact Information

Swedish Competition Authority
SE-103 85 Stockholm
SWEDEN

Visiting address: Torsgatan 11

Tel: +46-8-700 16 00
Fax: +46-8-24 55 43
E-mail: konkurrensverket@kkv.se

 

Competition Authority Website(s)

Swedish Competition Authority

Consumer Ombudsman (Konsumentverket/KO)- Swedish Market Court

Swedish Consumer Agency

 

   
Switzerland (Last updated 17/06/10) All European Countries
Overview
(General Information)

The protection of competition is the most important regulatory task in a market economy. In Switzerland, this task is primarily performed using the instruments provided by the Act on Cartels. The application of the Act is the duty of the Competition Commission and its Secretariat. The Competition Commission is an independent federal authority. The tasks of the Competition Commission are combating harmful cartels, monitoring dominant companies for signs of anti-competitive conduct, enforcing merger control legislation and preventing the imposition of restraints of competition by the state.

 

Legislation
(Legal Acts-Regulations-Resolutions)

Legislation

Federal Act on Cartels and Other Restraints of Competition
(Cartel Act; LCart) of 6 October 1995 (position as at 23 March 2004)

Ordinance on the Control of Mergers of Enterprises of 17 June 1996
(position as at 23 March 2004)

Ordinance regarding the Sanctions for Unlawful Restrictions of Competition (LCart Ordinance on Sanctions) of 12 March 2004

Remarks on the Ordinance on Fines


Notice

Notice Regarding the Competition Law Treatment of Vertical Agreements


Notice regarding the Competition Law Treatment of Vertical Agreements in the Motor Vehicle Trade


Guidelines

Recht und Politik des Wettbewerbs (In German, French and Italian)

 

Forms

Anti-cartel Template ICN

Form for the notification of restraints of competition (In German)

Leniency Application Form of 1st April 2005

Notification of Concentration

Merger notification and procedures template

 

Co-operation Agreements and Treaties

Switzerland has no cross border agreements concerning Competition (like the EU-USA agreement). The bilateral agreement with the EU contents a sector specific agreement on air transport.

European Union

 

Selected Cases

Recht und Politik des Wettbewerbs (In German, French and Italian)

Swiss Competition Law Report - Q1 2010

Press Releases Press Releases

 

Annual Reports

Annual Report 2008

Annual Reports 2000-2005 (currently unavailable)

OECD Policy Brief: Competition Law and Policy in Switzerland 2006

OECD Annual Report 2004

OECD Annual Report 2003

OECD Annual Report 2002

 

Publications
(Papers-Reports- Speeches-Bulletins)

Evaluation of the Cartel Act - 15 January 2009, Competition Commission

Publications on the Federal Act on the Internal Market. (The publications are available in the official languages German and French)

News News
Contact Information

Wettbewerbskommission/Commission de la Concurrence
Swiss Competition Authority
Monbijoustrasse 43
3003 Berne/Switzerland
Tel.: +41 31 322 20 40
Fax: +41 31 322 20 53
E-mail: weko@weko.admin.ch

Switzerland is represented in the International Marketing Supervision Network (IMSN) by the State Secretariat for Economic Affairs (seco) an administrative unit of the Swiss government attached to the Federal Department for Economic Affairs.

Under the Federal Act Against Unfair Competition, seco is empowered to take legal action in unfair marketing practices disputes when the complainants live outside the country. Seco acts on behalf of Switzerland and not on behalf of the complainants. It can institute criminal as well as civil proceedings, but only if the marketing practice described in the complaint is unfair as defined in the law.

Seco can be reached at:

State Secretariat for Economic Affairs
Legal Affairs
Trade Practices
Effingerstrasse 1
CH - 3003 Berne

e-mail: seco@seco.admin.ch
Tel. +41 (0)31 322 77 70
Fax +41 (0)31 324 09 56

 

Competition Authority Website(s)

Wettbewerbskommission/Commission de la Concurrence


   
Turkey (Last Updated 17/12/10) All European Countries
Overview
(General Information)

Turkey’s competition law is the "Law No. 4054 on the Protection of Competition" which was approved by the Parliament on December 07,1994 and entered into force on December 13, 1994. However, it was only as late as the year of 1997 (27.02.1997) when the Competition Board, to be the decision organ of the Competition Authority which is responsible for the enforcement of this Law, was constituted by a decree of Council of Ministers published in the Official Gazette No. 22918 dated February 27, 1997. Following the completion of the organisation within a 8 month period, the Competition Authority started to carry out its duties on October 05, 1997.
The purpose set forth in the Act is "to establish a system ensuring the necessary regulation, supervision and the prevention of abuse of dominant position by undertakings and the agreements, decisions and concerted practices which have as their object or effect the prevention, restriction or distortion of competition. In other words, the Act aims to regulate the markets for goods and services in order to maintain a "workable competition" through which free trading, free access to the markets and functioning of an effective competition would be ensured.

About the Turkish Competition Authority

Turkey- Adoption of the Community Acquis

Legislation
(Legal Acts-Regulations-Resolutions)

The Act on the Protection of Competition No 4054

Amendments to articles 4, 6 and 7 of Turkey’s Competition Act are being discussed by the country’s parliament and the changes are expected to come into force by the end of 2006. (forthcoming)

Amendments to the articles of the Turkish Competition Law on Fines

 

Secondary Legislation:

2010

Communique On Hearings Held Vis-A-Vis The Competition Board; Communique No: 2010/2

2009

Regulation On Immunity From Fines And Reduction Of Fines In Cartel Cases, 15/02/2009

Communiqué on an increase in the lower limit of the administrative fine provided for in article 16 paragraph one of the act on the protection of competition no. 4054, being valid until 31/12/2009

2008

Block Exemption Communiqué on Technology Transfer Agreements (Communiqué No: 2008/2)

Block Exemption Communiqué in Relation to the Insurance Sector (Communiqué No: 2008/3)

2007

Communiqué on the Announcement of an Increase in Administrative Fines Provided in Articles 16 and 17 of the Act on the Protection of Competition No. 4054, Being Valid until 31/12/2008 (Communiqué No: 2008/1)

Communiqué on an amendment to the block exemption communiqué on vertical agreements (Communiqué No: 2007/2)

2006

Communiqué on an Amendment to the Communiqué No. 1997/1 on the Mergers and Acquisitions Calling for the Authorization of the Competition Board, and on the Abolition of the Communiqués No. 1997/2 and 1997/6; Communiqué No. 2006/2

2005

Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector Communiqué No: 2005/4

2003

Block Exemption Communiqué on Research and Development Agreements No. 2003/2

Communiqué on an Amendment to the Block Exemption Communiqué on Vertical Agreements No. 2002/2 (Communiqué No: 2003/3)

2002

Block Exemption Communiqué Regarding Vertical Agreements No. 2002/2

2000

Communiqué Envisaging Amendment To Communiqué No: 1997/1, Entitled "Communiqué On The Mergers And Acquisitions Calling For The Authorization Of The Competition Board" And Communiqué No: 1997/2, Entitled "Communiqué On The Procedures And Principles For Notification Of Agreements, Concerted Practices And Decisions Of Associations Of Undertakings Pursuant To Article 10 Of The Act" 2000/2

Communiqué Envisaging Amendment To The Communiqué No: 1998/3, Entitled "Communiqué On Group Exemption Regarding Distribution And Servicing Agreements In Relation To Motor Vehicles" 2000/3

1998

The Communiqué on the Change to the Article 4 of the Communiqué No: 1997/1 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board 1998/2

Communiqué Regarding the Methods and Principles to be Pursued During the Course of Pre-Notifications and Applications for Authorization Made to the Competition Authority in order to Acquisitions via Privatization to Judicially be Valid 1998/4

The Communiqué concerning the Change to the Communiqué on the Procedures and Principles to be Followed in the Prenotifications and Authorization Applications to be Submitted to the Competition Authority in order for the Acquisitions via Privatization to Gain Validity 1998/5

The Communiqué concerning the Change to the Communiqué on the Mergers and Acquisitions Calling for the Authorization of the Competition Board 1998/6

1997
Communiqué on the Mergers and Acquisitions 1997/1

Communiqué of the Competition Board on the Procedures and Principles for Notification of Agreements, Concerted Practices and Decisions of Associations of Undertakings Pursuant to the Article 10 of the Act 1997/2

Communiqué on the Conclusion of the Organization of the Competition Authority

Communiqué on the rights and obligations of the undertakings and associations of undertakings arising from the Act No. 4054 after the conclusion of the organization of the Competition Authority 1997/6

 

Guidelines

Guidelines on the Definition of Relevant Market (2008)

Guidelines on Certain Subcontracting Agreements between Non-competitors (2008)

Guidelines on the Explanation of the Block Exemption Communiqué on Vertical Agreements No. 2002/2

Guidelines on the Voluntary Notification of Agreements, Concerted Practices and Decisions of Associations of Undertakings

Forms

Negative Clearance/Exemption Notification Form

Notification Form on Mergers and Acquisitions

Co-operation Agreements and Treaties

European Union

Bilateral Relations with Korea and Romania

Selected Cases

Competition Authority Decisions 2007-2009

Highlights form the recent Board Decisions

Rekabet Ihlalleri

Menfi Tespit Muafiyet

Birlesme ve Devralmalar

 

Press Releases Cooperation Protocol signed between Turkish and Portuguese Competition Authorities
Annual Reports

Annual Report 2005 - OECD

Annual Report 2004 - OECD

Annual Report 2003 - OECD

Annual Report 2002 - OECD

Annual Report 2001 - OECD

Annual Reports- Turkey Competition Commission (1998-2007)

 

Publications
(Papers-Reports- Speeches-Bulletins)

Competition Policy and the Informal Economy, OECD, 03/03/2009

Turkish Competition Commission

OECD Peer Review Report on Turkey`s Competition Law and Policy (2005):

This Report assesses the development and application during the last three years of competition law and policy in Turkey. It follows an OECD report prepared in 2002 as part of a larger regulatory reform study. The previous Report found that the Turkish Competition Authority ("TCA") had made a good start since it began operations in late 1997. The agency has continued to make excellent progress since 2002, and has developed a reputation as one of Turkey's most effective and best administered agencies. It has pursued its mission with energy, imagination, and integrity and has won respect and support from leaders in the business community. Most importantly, it has played a critically important role in moving the Turkish economy forward to greater reliance on competitionbased and consumer-welfare oriented market mechanisms."

Turkey - Key documents with the European Union

 

News

News

Symposium on Board Decisions and Relevant Jurisdiction Decisions in Competition Law to be held in October 2010

Contact Information

Turkish Competition Authority
Turkish Competition Authority(Rekabet Kurumu)
Bilkent Plaza B3 Blok, Turkey
pk:06800
Bilkent/ANKARA
Tel:(+90) (312) (291 44 44)
Fax:(+90) (312) (266 79 20)
e-mail: rek@rekabet.gov.tr

Ministry of Industry and Commerce,
General Directorate of Consumer and Competition Protection
Eskisehir Yolu, 7km, Ankara, Turkey

Competition Authority Website(s)

Turkey Competition Commission, Rekabet Kurumu

 

   
Ukraine(Last updated 10/02/11) All European Countries
Overview
(General Information)

Overview by the Antimonopoly Committee of Ukraine

 

Legislation
(Legal Acts-Regulations-Resolutions)

The draft Law of Ukraine on Public Procurement was adopted by the Parliament on 1 June 2010.
The Law is yet to be signed by the President and the full text is yet to be officially promulgated. The Law will set up a new transparent and competitive environment in the area of public procurement in Ukraine as it now sets up clear public procurement procedural rules and clear procedural rules of legal challenging of the procurement decisions of public authorities. The administrative challenge functions under the Law will be vested with the Antimonopoly Committee of Ukraine (the "AMC") that used to have them before March 2008.

Law on Protection from Unfair Competition (In Ukrainian)

Law on the Protection of Economic Competition (As of 11 January 2001)

Law on the Antimonopoly Committee of Ukraine

Law on the Antimonopoly Committee of Ukraine (In Ukrainian)

Regulations on Mergers (In Ukrainian)

Regulations on Concerted Actions (In Ukrainian)

Regulations on Territorial Office of the Antimonopoly Committee of Ukraine (In Ukrainian)

Methodology of Determination of Monopolistic Position of Subjects of Management on the Market (In Ukrainian)

English overviews of the Draft Competition Procedural Code; Draft Law on Perpetuation of Evidence in the Cases under Consideration of the Organs of the Antimonopoly Committee; and the draft Law on Alterations to some Legislative Acts of the Ukraine (Regulation no. 0960)

 

 

Guidelines Decree of the President of Ukraine of 28 February 2002 No 219 "On the Basic Trends of Competition Policy for 2002-2004 - forthcoming
Forms No information available
Co-operation Agreements and Treaties

CO-OPERATION AGREEMENTS AND TREATIES

International Activities from Ukrainian Antimonopoly Committee

Co-operation Agreement between Lithuania and Ukraine

  • Treaty of Conducting Concerted Antimonopoly Policy by Countries of the Commonwealth of Independent States (of 25 January 2000)
  • Treaty Between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation Signed to Co-operate in the Development of Competition (of 13 July 2000)
  • Partnership and Co-operation Agreement between the European Communities and their Member States and Ukraine.

The most specific norms of co-operation in the investigation and consideration of cases concerning competition are contained by the first two official intergovernmental agreements. Unfortunately, at present there are no official translations of the mentioned documents into English.

As it is provided for by these international treaties, the Antimonopoly Committee of Ukraine may exchange information and co-operate with foreign competition authorities. These documents contain a modern procedure of specific interaction between competition authorities in the application of national antimonopoly laws, of the co-ordination of joint measures taken with a view to preventing, limiting and terminating anti competitive activities of economic entities, overcoming negative consequences resulting from that sort of activities or interference of state bodies in economic activities of member countries if the consequences infringe on important interests of the relevant parties and negatively impact on their trade relations. In the course of the development of the above agreements international experience in this sphere was used, in particular recommendations of the European Commission, the UNCTAD and the OECD and effective agreements in this sphere were taken into account, including the Agreement Between the European Communities and the Government of the United states of America Regarding the Application of Their Competition Laws.

The above matters are regulated by norms of the Treaty Between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation Signed to Co-operate in the Development of Competition, in particular:

  • Article 4 establishes that co-operation of that sort should be carried out in such forms that make it possible to take into account interests of the parties to the treaty in competition timely and maximally, including such forms as sending notifications, making requests for information or consultations, exchanging information, exchanging experience, pursuing joint studies.
  • Article 5 establishes that if one of the parties to the treaty finds out that actions of economic entities or bodies of state power to be carried out in the territory of its state can negatively impact on competition on product markets of another party, the former should notify the latter of the fact. The latter should consider an opportunity for taking the relevant measures in accordance with requirements of national laws and should inform the former of the results.
  • Article 6 establishes that in the course of the consideration of actions which negatively impact on competition a party to the treaty has the right to send another party a request for sharing such information that concerns entrepreneurial activities of economic entities. The latter has the right to refuse the requested information if that sort of information has already been submitted or can be submitted by the relevant economic entity in accordance with national laws or is considered to be confidential.
  • Article 7 establishes that parties to the treaty for the purpose of approving agreed decisions should hold consultations on matters concerning the application of the treaty.
  • Article 8 establishes that parties to the treaty should assist each other to receive such information that is of mutual interest, that could facilitate the increase in the effectiveness of the application of competition laws of Ukraine and (or) the Russian Federation and that could include data having relation to the application of competition laws.
  • Article 10 provides for an opportunity for pursuing joint studies in the relevant branch of the economy if there are signs of such actions that negatively impact on competition.

The Treaty of Conducting Concerted Antimonopoly Policy by Countries of the Commonwealth of Independent States contains provisions on the exchange of information about the state of product markets, practical results of demonopolisation, methods of and experience in work having relation to preventing, limiting and terminating monopoly activities and the development of competition. On the basis of this treaty its parties may exchange data contained by national registers of enterprises being monopolists which supply products to their product markets and may exchange experience in the consideration of cases concerning violations of antimonopoly laws.

Ukraine within the framework of its participation in the work of the Interstate Council on Antimonopoly Policy, which has been established in accordance with the mentioned treaty, has developed such model methodological recommendations on exercising state control over economic concentration that are based on the application of antimonopoly laws by the relevant bodies of member countries of the Commonwealth of Independent States.

The methodological recommendations are designed for using them in the course of exercising state control over such actions performed by bodies of power of all levels and by economic entities that can result in the establishment of monopoly formations, in the monopolisation of product markets, in the attaining or substantial strengthening of a monopoly position by certain companies, in significant restrictions of competition.

In addition to the above mentioned treaties, Ukraine has signed a number of such interstate normative and legal acts concerning economic co-operation that, in particular, contain provisions in regard to the establishment of co-operation in the sphere of competition policy. Norms which concern economic co-operation and which are considered to be the general basis for interstate co-operation in the implementation of competition policy, including control over economic concentration, are contained by agreements on free trade which have been signed between the Government of Ukraine and the Governments of the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Kirghizstan, the Latvian Republic, the Lithuanian Republic, the Republic of Estonia, Macedonia, the Republic of Moldova, the Russian Federation, the Republic of Turkmenistan and the Republic of Uzbekistan.

The interdepartmental co-operation in the improvement of both conceptual and legal principles of competition policy, the exchange of experience in conducting investigations are also provided for by agreements which the Antimonopoly Committee of Ukraine has signed with the relevant authorities of the Republic of Belarus, the Republic of Bulgaria, the Lithuanian Republic, the Republic of Poland, the Slovak Republic and the Czech Republic. The major goals of these agreements were the establishment of professional contacts and the exchange of general information rather than professional co-operation in the consideration of cases concerning violations of competition laws because the agreements had been concluded at the time when the relevant competition authorities and competition laws were in the making. At the present stage the Committee has assigned itself the task to renew the mentioned agreements qualitatively with a view to creating the appropriate prerequisites for their practical application in the consideration of violations having international character.

 

Selected Cases

by the Antimonopoly Committee of Ukraine

I. Anti-Competition Coordinated Actions of the Private Enterprise "Prommashexport" Foreign Trade Company and "Gepard" Limited Partnership.

II. Abuse of Monopolistic Position by OAO Kievmedpreparat.

III. Anti-Competition Actions of OOO Poshuk-Service, OOO Delta-Azov, OOO Interkvant, and OOO Interkvant-Service (Mariupol).

IV. Description of the Case of Granting the Consent to the Purchase of a Parcel of Shares of VAT Rogan Brewery and VAT Alexandriisky Brewery by "Interbrew RGN Holding B.V."

Press Releases Press Releases by the Antimonopoly Committee of Ukraine

 

Annual Reports

Analytical Report about Competition on Ukraine between 2000-2005

Annual Report 2004

Annual Report 1999

 

Publications
(Papers-Reports- Speeches-Bulletins)

Defence of Business Entities Against Unfair Competition: The Legal Aspects by Oleksandr MELNYCHENKO, First Deputy Head of the Antimonopoly Committee of Ukraine

Powerful International Projects for Provisions of Competition Law Sources, (2002), No 2(8) Donets'k U. L. J. 68 by Gavin Murphy (in Ukrainian)

Ukraine Participates in Two Powerful Resources for Competition Law Compliance by Gavin Murphy

An Overview of Ukranian Competition Law (2000), ECLR 415 by Gavin Murphy

Competition law in Ukraine – recent developments and prospective regulation, by Oleksandr Padalka and Igor Svechkar

 

News

The Antimonopoly Committee of Ukraine News

The Antimonopoly Committee of Ukraine - Latest News - Refer to website (In Ukrainian)

 

Contact Information

Antimonopoly Committee of Ukraine
Antimonopoly Committee of Ukraine
vul. Urytskoho 45
03035 Kyiv, Ukraine
tel/ fax: +380-44-2516262
e-mail: mail@amc.gov.ua

Competition Authority Website(s) Antimonopoly Committee of Ukraine
   
United Kingdom (Last updated 16/03/11) All European Countries
Overview
(General Information)

Following the introduction of the Enterprise Act 2002 the Office of Fair Trading is responsible for enforcing competition law (enclosed in The Competition Act 1998) in the UK.

The Competition Commission is an independent body responsible for investigating mergers, market shares and conditions and the regulation of United Kingdom companies. It is a non-departmental public body (NDPB) under the Department of Trade and Industry.

The Commission replaced the Monopolies and Mergers Commission on April 1, 1999. It was created by the Competition Act of 1998.

The Competition Act of 1998 created a competition law structure similar to that detailed in the European Treaty. Chapter 1, prohibited anti-competitive agreements within a market, for example cartels. And Chapter 2, the prohibition of abuse of a dominant position within a market.

 

Legislation
(Legal Acts-Regulations-Resolutions)

The Competition Act 1998

Enterprise Act 2002

Statutory Instruments introduced under the Competition Act 1998

UK Mergers
EC Mergers


Rules and Guidance Documents by the Competition Commission

* Regulation 1/2003 has been given legal effect.

* Large Mergers with a European dimension may be covered by the European Community Merger Regulation (ECMR) - Council Regulation No. 139/2004


Guidelines

IBA Antitrust Committee July 2010 submission

IBA Antitrust Committee Working Group Response on the Draft Joint Office of Fair Trading/Competition Commission Merger Assessment Guidelines, August 2009

Restatement of OFT's position regarding acquisitions of 'failing firms', December 2008

Leniency and no-action OFT's guidance note on the handling of applications, December 2008

Merger Remedies: Competition Commission Guidelines Consultation Draft May 2008: The Competition Commission published for public consultation a draft of new guidelines on merger remedies. (Competition Commission Press Release for New Merger Remedy Guidelines)

Guidance on the use of interim measures pending final determination of merger references

Competition Commission rules and guidance documents

Quick guides to competition law by the Office of Fair Trading

A guide to making a complaint under the Competition Act 1998 by the Office of Fair Trading

Rules and Guidance by the Competition Appeal Tribunal

Mergers procedural guidance

Mergers substantive assessment guidance

 

Forms

Initial Undertakings Template

Template Interim Undertakings (Completed Merger)

Co-operation Agreements and Treaties

Cooperation Arrangement between the Australian Competition and Consumer Commission, the Commerce Commission in New Zealand and Her Majesty's Secretary of State for Trade and Industry and the Office of Fair Trading in the United Kingdom regarding the application of their Competition and Consumer Laws

 

Selected Cases

Competition Appeal Tribunal

Appeals

Registered Cases

Judgments

Competition Commission, Current Inquiries

EU/UK Competition Law, June 2010

Press Releases

UK sets out proposals for a single competition body - Reuters, 16 March 2011

Click here for the latest news and information added to the Competition Commission site. Follow the links to the latest press releases, report summaries, issues letters and other current information

Office of Fair Trading Press Releases

 

Annual Reports

OECD Reports

Competition Law and Policy in 2004-2005

Report on Competition Law and Institutions (2004)

Economic Survey - United Kingdom 2004: Product market competition
and economic performance


Competition Law and Policy in 2003-2004

Annual Report 2001/02

Competition Law and Policy in 2001-2002

The Role of Competition Policy in Regulatory Reform (2002)

 

Office of Fair Trading - Annual Reports

Previous annual reports are available from the publications section

Competition Commission Corporate Plan 2008/09

 

United Kingdom Competition Commission, Annual Reviews

Annual Report and Accounts 2007/2008

Annual Reviews and Accounts 2006/2007

Annual Review and Accounts 2005/2006

Annual Review & Accounts 2004/2005

Annual Review & Accounts 2003/2004

Annual Review & Accounts 2002/2003

Annual Review & Accounts 2001/2002

Competition Commission Reports

Evaluation Reports

Competition Commission Appeal Tribunals, Annual Reviews

Annual Review & Accounts 2007/2008

Annual Review & Accounts 2006/2007

Annual Review & Accounts 2005/2006

Annual Review & Accounts 2004/2005

Annual Review & Accounts 2003/2004


Publications
(Papers-Reports- Speeches-Bulletins)

Recent UK Competition Law Developments in Financial Services (June 2010)

Review of merger decisisons under the Enterprise Act 2002, (18/03/2009)

OFT/CC Joint Review of Substantive Merger Guidelines:

In April 2008, the Competition Commission (CC) and the Office of Fair Trading (OFT) launched a joint review of their respective guidelines for the assessment and analysis of mergers. Draft merger guidelines are expected to be issued for a 12-week public consultation in March 2009.

OFT- Annual Plan 2008-2009

Office of Fair Trading- Consumer Initiatives

Office of Fair Trading- Speeches and Articles

Office of Fair Trading- Key Facts and People

Articles

Gavin Murphy is a Legal Editor, Commonwealth Law Bulletin, Commonwealth Secretariat, London. He can be reached at: g.murphy@commonwealth.int

The Evolution of Competition Law and Policy in the United Kingdom, S., Andrew, (February 16, 2009)

Competition Watchdog Delivers Mixed News to Johnston Press [2007] ECLR 18

Auditor General Recommends that OFT Step it Up [2006] ECLR 479

OFT Clears Sale of Telegraph Group to Barclay Brothers [2005] ECLR 307

FirstGroup Absorbs Thames Trains' Franchise Following OFT Decision, (2004) E.C.L.R. 621.

CFI Signals Possible Extension of Professional Privilege to In-house Lawyers, (2004) E.C.L.R. 447.

Murphy, G, OFT Publishes Consultation Paper on Investigating Criminal Cartels, [2003] ECLR 549

BA's Reduction of Booking Payments to Travel Agents Not Abusive Behavior, says OFT [2003] E.C.L.R. 410

Murphy, G, Director General's £1.33 Million Fine for Predatory Pricing Set Aside for Now

Murphy, G, Level Playing Field in Britain's Professions High on OFT and Government Agenda (2002) ECLR 7

Murphy, G, The Innocence at Stake Test and Legal Professional Privilege: A Logical Progression for the Law…But Not in England

Murphy, G, New Era Dawns for UK Competition Law on March 1, 2000 (2000) 19:4 CAN. COMP. REC. 42

Murphy, G, A Proposed Strategy to Settle Legal Professional Privilege Claims Under the Competition Act 1998 (2000) ECLR 180

 

News

UK Commission turns 60 (Source: Global Competition Review, 28.11.2008)

Competition Commission - News

Competition Commission - Latest Releases

Office of Fair Trading- What is new


Contact Information

UK Competition Commission
New Court
48, Carey Street
London WC2A 2JT
United Kingdom
Tel: +44 207 271 0100/0243
Fax: +44 207 271 0367
email: info@competition-commission.org.uk

UK Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London, EC4Y 8JX
Tel: +44 20 7211 8000
Fax: +44 20 7211 8800
Email: enquiries@oft.gov.uk

Competition Appeal Tribunal
Victoria House
Bloomsbury Place
London
WC1A 2EB
Telephone: 020 7979 7979
Fax: 020 7979 7978
Business hours: 09.30 – 17.00
Monday - Friday (excluding public holidays)

Competition Authority Website(s)

UK Competition Commission

UK Office of Fair Trading

Competition Appeal Tribunal

   

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