Panama (2006)
From AntitrustWorldWiki
Score =
Governed by: Law 29 of February 1, 1996, as amended by Law 9 of February 20,2006 (hereinafter referred to as “Competition Act”)[1]
Category | Subcategory | Score | Comment |
---|---|---|---|
Scope | Extraterritoriality | 1 | Article 2[2] states that the scope of the law extends to all acts or practices having an effect in Panama, regardless of where they develop. |
Remedies | Fines | 1 | Article 27 allows for treble damages plus costs and Article 112 dictates fines for various violations of the Act. |
Prison Sentences | 0 | ||
Divestitures | 1 | Article 26(2) allows total or partial divestitures of improper mergers. | |
Private Enforcement | 3rd Party Initiation | 1 | Article 142 gives any affected or concerned person the capacity to file a claim. |
Remedies Available to 3rd Parties | 1 | Article 142 allows actions seeking compensation for damages. | |
3rd Party Rights in Proceedings | 0 | ||
Merger Notification | Voluntary | 1 | Article 20 allow for voluntary notification of concentrations. |
Mandatory | 0 | ||
Pre-merger | 2 | Article 20 allows for voluntary notification of concentrations before realization. The Competition Authority has 3 years to challenge any realized concentrations of which it was not voluntarily notified beforehand (Article 22). | |
Post-merger | 0 | ||
Merger Assessment | Dominance | 0 | |
Restriction of Competition | 1 | Article 19 prohibits mergers that have the effect of impeding competition. | |
Public Interest (Pro D) | 0 | ||
Public Interest (Pro Authority) | 0 | ||
Other | 0 | ||
Efficiency | 0 | ||
Dominance | Limits Access | 1 | Article 14(e) prohibits “unilateral action consisting in refusing to sell or provide, to certain persons, goods or services.” |
Abusive Acts | 0 | ||
Price Setting | 1 | Article 14(b) prohibits prices setting. | |
Discriminatory Pricing | 1 | Article 8 prohibits discriminatory pricing. | |
Resale Price Maintenance | 1 | Article 14(b) prohibits resale price maintenance | |
Obstacles to Entry | 1 | Article 14(g) prohibits predatory actions taken to prevent a potential competitor from entering the market. | |
Efficiency Defense | 1 | All the relative monopolistic practices (Articles 8 and 14) can be allowed when they are justified in terms of economic efficiency. | |
Restrictive Trade Practices | Price Fixing | 1 | Article 11(a) of the Act prohibits price fixing. |
Tying | 1 | Article 14(c) prohibits tying arrangements. | |
Market Division | 1 | Article 11(c) prohibits market division. | |
Output Restraint | 1 | Article 11(b) prohibits output restraint. | |
Market Sharing | 1 | Article 14(a) prohibits market sharing. | |
Eliminating Competitors | 1 | Article 14(g) prohibits predatory actions taken to squeeze a competitor out of a market. | |
Collusive Tendering/Bid-Rigging | 1 | Article 11(d) prohibits bid rigging. | |
Supply Refusal | 0 | ||
Efficiency Defense | 1 | All the relative monopolistic practices (Articles 8 and 14) can be allowed when they are justified in terms of economic efficiency. |
References
- ↑ Own translation of Competition Act, as available at: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21081222~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html; for secondary source analysis in English, see http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21080815~menuPK:2137516~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
- ↑ all references are to the Competition Act unless otherwise indicated