Competition Law at San Marino
Here’s a concise overview of Competition Law in San Marino:
Competition Law in San Marino
San Marino, a small independent republic surrounded by Italy, has a legal framework aimed at promoting fair competition and preventing anti-competitive practices, though its system is less extensive compared to larger jurisdictions.
Legal Framework
1. Competition Law (Law No. 52 of 1997)
This is the primary legislation regulating competition in San Marino.
It prohibits anti-competitive agreements, abuse of dominant position, and regulates mergers.
The law draws inspiration from European competition principles.
2. Competition Authority
San Marino has established a Competition Authority responsible for enforcement.
The Authority reviews anti-competitive conduct, merger notifications, and issues sanctions.
Key Provisions
a. Anti-competitive Agreements
Agreements that restrict competition, such as cartels and collusion, are prohibited.
Certain exemptions may apply if the agreements promote economic efficiency without harming competition.
b. Abuse of Dominance
Abuse of a dominant position is forbidden.
This includes practices like predatory pricing, refusal to deal, and discriminatory terms.
c. Merger Control
Mergers that may significantly impede effective competition must be notified and are subject to review.
The Authority can approve, condition, or block mergers.
Enforcement and Sanctions
The Competition Authority can investigate and impose fines or other measures.
Decisions can be appealed in the judicial system.
Enforcement is relatively limited due to San Marino’s small market size.
Summary
San Marino has a basic but functional competition law system aligned with European principles.
The focus is on preventing anti-competitive agreements, abuse of dominance, and controlling mergers.
Enforcement is scaled to the country’s small economy and market structure.
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