Competition related issues

Competition law enforcement

A wide range of factors such as the social and economic context and the legal system may influence the division.

The Fair Competition Act is a general law of general application.

(d) Relationship between competition law and policy and subsidies.

Relationship between competition law and policy and subsidies.

E. International issues in competition law enforcement

The Appeal Court has found in two cases that the sector specific legislation had precedence over the more general competition law which is the FCA.

An information note on recent important competition cases, with special reference to competition cases involving more than one country, and taking into account information to be received from member States

The FCA does not apply to joint dominance cases.

Finally, the courts are called upon in the enforcement of the FCA.

(c) An information note on recent important competition cases, with special reference to competition cases involving more than one country, and taking into account information to be received from member States

The FCA is a general law of general application and contains all the traditional provisions found in competition laws, with the exception of merger provisions.

According to the analysts of the EU competition law rules, showing during the auction overall ranking instead of prices is preferable from competition law prospective.

Chapter II describes experiences in cooperation on competition law and policy.

Recognizing further the need for effective competition law enforcement,

Competition law and policy and its benefits for the alleviation of poverty

Recommends the continuation and strengthening of the important and useful work programme within UNCTAD's secretariat and intergovernmental machinery that addresses competition law and policy issues and proceeds with the active support and participation of competition law and policy authorities of member States

The draft COMESA Competition Regulations apply to all economic activity whether conducted by private or public entities and have primary jurisdiction over industries or sectors, which are the subject of a separate regulatory entity.

Such a practice rightly prohibited outright by section 5(2) of the Competition Act.

Competition experts agree that the most severe sanctions available under a competition law should be reserved for cartel operators.

The competition law may not provide for sufficiently large fines or other sanctions.

The maximum fine allowed by the competition law may be too small.

This could not have been achieved without the continuous technical assistance received from UNCTAD, including the provision of material on competition enforcement and competition advocacy, particularly a manual on the formulation and application of competition law, as well as seminars for investigators, judges and practitioners of competition law.

The most important competition issue for developing countries, however, is reform of dumping duties.

The WTO agreements contain a number of general provisions potentially relevant to competition policy, as well as several provisions dealing specifically with competition policy issues.

In Jamaica, a multitude of sections of the FCA deal with vertical restraints.

The Minister of Commerce, Science and Technology plays a substantial role in the enforcement of the FCA.

A fairly applied, consistent merger regime was preferable and would be unlikely to harm small and medium sized Jamaican firms.

He described the initial experiences of his country's competition authority in implementing its recently adopted competition law in respect of transactions involving both domestic and foreign firms.

They have issued this competition in order to encourage blogging for charitable causes.

These principles apply equally at the regional level, where the principle of subsidiarity should keep regulation at the level of governance consistent with the achievement of regulatory effectiveness that takes into account an appropriate balance of economic efficiency, social objectives and political legitimacy.

The representative of Jordan, recalling that a competition law had been adopted by her Government in 2002, described how the competition authority was organized, its initial decisions, and the training programmes that had been implemented.

It is now understood that globalization brings with it new challenges in competition law enforcement.

The representative of El Salvador said that his country's competition law would be operational in 2006.

This wording is also used in the Canadian Competition Act, but it still needs a satisfactory explanation.

There is not a single law in Brčko District in the area of science and scientific and research work.

While enforcement agreements and some multilateral instruments usually deal solely with competition law and policy, other types of agreements deal with cooperation on competition law and policy as one element in a wider agreement.

The FTC is the main body responsible for the administration and enforcement of the FCA.

It is important to resolve this problem in the very near future so that the FCA is rendered effective again.

See Chang, Deuk Soo, Suggestions For Enhancing Effectiveness Of Cooperation On Competition Law and Policy At Regional Level From Korea's Experience , in UNCTAD, Trade and Competition Issues experiences at regional level (UNCTAD DITC CLP 2005 1).

They recognize that policy and regulation in member economies may have objectives other than promoting competition and that exemptions from and exceptions to a competition driven regulatory framework may be necessary.

Various jurisdictions have opted for specialized courts and tribunals to handle competition cases to avoid such delays.

The fundamental issue is the lack of separation of the adjudicative functions from the investigative functions under the FCA.

In essence, competition law should be neutral as to the form that behaviour takes.