Table of Contents Hide List of Questions
1. What legislation governs competition/anti-trust law? (Include any recent amendments and/or pending future legislation)
2. What are the objectives of the legislation? Which abuses does the legislation address? Has the application of the legislation given rise to any concerns?
3. Does the legislation have any international relevance or significance?
4. Please give an overview of the scope and effect of the legislation (referring in particular to (i) merger control; (ii) abuse of dominant market position and (iii) restrictive agreements/practices, and explaining the relationship between these three categories)
5. Does the legislation provide for any exempted agreements/arrangements?
6. Which legal bodies and/or regulatory authorities enforce the relevant legislation? What is the relationship between the national competition authorities and the national courts?
7. What sanctions are available in the event of breach of the legislation? Is compensation for third parties available?
8. Please give an overview of the procedures available in the event of a breach, or potential breach, of the relevant legislation. Is there provision for advance notification/investigation and/or informal guidance?
9. Which legislative provisions govern mergers and acquisitions?
10. Which authority is empowered to apply/enforce the legislative provisions? What is the relationship between that authority and the national courts?
11. What remedies are available to control mergers and acquisitions? (notification/ other?)
12. What are the threshold requirements for notification of a merger/acquisition? Are any transactions excluded from the application of the legislation? What approach is taken to joint ventures?
13. What rules govern the making of a notification?
14. What is the procedure following a notification? Do any time limits apply?
15. May third parties make representations to the relevant authority?
16. What powers (if any) does the relevant authority have in relation to obtaining further evidence/information?
17. What substantive test will be applied by the relevant authority when making its decision?
18. Will the notification remain confidential pending a decision by the relevant authority?
19. Are the authority’s decisions published?
20. What remedies are available to the relevant authority? (including approval/disapproval/conditional approval of transactions / reference up to a different body for further investigation/consideration) Does the authority have any powers of enforcement?
21. Is it possible to challenge, by way of appeal or otherwise, the decision of the relevant authority?
22. What sanctions apply in the event of a failure to notify the relevant authority? What sanctions apply in the event of a failure to observe a decision of the relevant authority?
23. Which legislative provisions govern restrictive agreements and practices?
24. What type of agreements and practices fall within the scope of the legislation?
25. Are any agreements or practices specifically exempted from the application of the legislation?
26. Which authority is empowered to investigate restrictive agreements/practices and to apply the relevant legislation? What is the relationship between that authority and the national courts?
27. What procedure is followed during the investigation of a potentially restrictive agreement/practice?
28. Are the proceedings confidential? Is the decision of the relevant authority published?
29. What substantive test will be applied by the relevant authority in reaching its decision?
30. What remedies and/or penalties are available to the relevant authority? Does the authority have any powers of enforcement?
31. Does the relevant authority have discretion to grant immunity or leniency from fines or other penalties?
32. Can compensation be awarded to third parties?
33. Is it possible to challenge, by way of appeal or otherwise, the decision of the relevant authority?
Hide List of Questions
 
This service is completely FREE but for the full article and thousands of other articles from 100+ countries please tell us about yourself by registering (and yes, our lawyers like to think you've read our Disclaimer).

It only takes 30 seconds and as well as great content you get articles more relevant to you and other advanced features like an optional personalised once-weekly news alert and forward-to-colleague capabilities.

We'll also remember your details so you don't have to login again - if you've registered before please login here or if you've forgotten your username click here and we'll remind you.

We appreciate your time is important and will respect your privacy - THANK YOU for registering.

The content of this FAQ is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

If you would like further information or to contact this firm directly.

More information from this firm?

Related Articles from this Topic and Country: