Has the agency ever been the subject of a review

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Data Sheet
Confidentiality Statement: For research and dissemination purposes, the ICN Technical Assistance Subgroup
would like to be able to use and report all of the data collected on this Data Sheet. The data is descriptive in
nature and does not involve your opinion. In some cases, this might lead to reporting results in such a way that
it will be possible to identify the responding agency or jurisdiction, but in no cases will the individual respondent
be identified. If there are responses on this Data Sheet that you want to remain confidential, please indicate
which by noting the appropriate data counters (bracketed numbers next to the response space).
Survey ID:
__________
Please indicate which currency you are using to report financial information:
(Use the same currency throughout)
__________
[1]
[A]
Agency Data Sheet
1) Does the law allow the issuance of orders that

prohibit or require a particular conduct
If yes, approximately how many such orders
(2002/2003)?

invalidate or void contracts
If yes, approximately how many such orders
(2002/2003)?

allow the agency to monitor future conduct
If yes, approximately how many such orders
(2002/2003)?

block, condition, or reverse mergers
If yes, approximately how many such orders
(2002/2003)?
Y N
have been issued in the last two years
__________
Y N
have been issued in the last two years
__________
Y N
have been issued in the last two years
__________
Y N
have been issued in the last two years
__________
2) Does the law allow for the imposition of monetary sanctions on enterprises or individuals?
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
Y N
[10]
Y N
[17]
__________
[18]
__________
[19]
If yes, please indicate the approximate total amount of fines imposed and collected:
In 2003: fines imposed:
___________ [11] fines collected: ___________ [12]
In 2002: fines imposed:
___________ [13] fines collected: ___________ [14]
In 2001: fines imposed:
___________ [15] fines collected: ___________ [16]
3) Does the law allow for the imposition of criminal penalties on individuals?
If yes, how many times have these sanctions been imposed in 2002 and 2003?
4) In the last two years, approximately how many decisions have been taken?
Does your competition law allow for an external appeal of decisions?
Y N
If yes,
How many of these decisions taken have been appealed externally in 2002 and 2003? __________
How many of the decisions taken have been reversed on appeal in 2002 and 2003?
__________
[20]
[21]
[22]
5) What was the total budget of your agency and how was it (approximately) allocated among the following
functions (excluding administrative and overhead costs). (The numbers do not have to add up to 100 percent.)
% dedication to
competition mission
Total Budget
% dedicated to training
In 2003:
[23]
[24]
[25]
In 2002:
[26]
[27]
[28]
In 2001:
[29]
[30]
[31]
6) Please allocate the agency’s annual budget among the following sources of funding in 2003:
1
Data Sheet





separate line item in the government’s budget
line item within the budget of the ministry the agency reports to
merger and other filing fees
fines and penalties
others (please specify): __________________________ [B]
Total:
________%
________%
________%
________%
________%
100%
[32]
[33]
[34]
[35]
[36]
7) What is the agency’s total number of professional staff and how are they allocated among the following
disciplines (at the end of 2003)?
Total
Dedicated to Competition
__________ [38]

lawyers
__________ [37]

economists
__________ [39]
__________ [40]

other professionals
__________ [41]
__________ [42]
8) How many professionals joined or left the agency in:
Joined
Left
2003 __________ [43]
__________ [44]
2002 __________ [45]
__________ [46]
2001 __________ [47]
__________ [48]
9) Please use the following table to tell us about your agency’s workload, where data are available. “Simple”
mergers are those that are completed in the first period of merger review (e.g. the European Commission’s
Phase I) and “Complex” mergers are those that proceed to a second period of merger review (e.g., European
Commission’s Phase II). If your agency does not draw a distinction between the two, please respond only to the
total merger questions.
2003
Total number of merger reviews initiated
Total number of merger reviews completed
Number of “simple” merger reviews initiated
Number of “simple” merger reviews completed
Number of “complex” merger reviews initiated
Number of “complex” merger reviews completed
Number of investigations of anticompetitive conduct initiated
Number of investigations of anticompetitive conduct completed
Number of investigations of cartel agreements initiated1
Number of investigations of cartel agreements completed
Number of investigations of noncartel agreements between
competitors initiated2
Number of investigations
competitors completed
Number of investigations
Number of investigations
Number of investigations
Number of investigations
of noncartel agreements between
of
of
of
of
vertical agreements initiated3
vertical agreements completed
abuse of dominance initiated4
abuse of dominance completed
2002
2001
[49]
[50]
[51]
[52]
[53]
[54]
[55]
[56]
[57]
[58]
[59]
[60]
[61]
[62]
[63]
[64]
[65]
[66]
[67]
[68]
[69]
[70]
[71]
[72]
[73]
[74]
[75]
[76]
[77]
[78]
[80]
[81]
[79]
[82]
[83]
[84]
[85]
[86]
[87]
[88]
[89]
[90]
[91]
[92]
[93]
[94]
[95]
[96]
1
Cartel Agreements include: price fixing, bid rigging, customer allocation agreements, territorial allocation agreements,
output restriction agreements.
2
Noncartel agreements between competitors include information exchanges, agreements restricting advertising, agreements
to set standards, boycotts and joint refusals to deal, trade associations, and export cartels.
3
Vertical agreements include exclusive dealing, geographic market restrictions, refusals to deal/sell, resale price
maintenance, tie-in sale agreements, and quantity forcing.
4
Abuse of dominance includes: charging excessive prices, price discrimination, predatory pricing, price squeezing by
integrated firms, refusals to deal/sell, tied selling or product bundling, and raising rivals’ costs.
2
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