Colombia (December 30, 1992): Difference between revisions
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New page: '''Score = 13''' ''Governed by:'' Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as “Constitution”)(ref)Global Competition Review website, http://www.glob... |
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'''Score = | '''Score = 18''' | ||
''Governed by:'' Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as “Constitution”) | ''Governed by:'' Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as “Constitution”)<ref>Global Competition Review website, http://www.globalcompetitionforum.org/regions/s_america/Columbia/Constituci%F3n%20Art.%20333%20334.pdf</ref>, Decree No. 2153, December 30, 1992 and Article 118 of Decree 2666 of 2000 (hereinafter collectively referred to as “Competition Act”).(<ref>Full text of decrees was not available therefore information is retrieved from: Ignacio de León, Latin American Competition Law and Policy: A Policy in Search of Identity, (The Hague: Kluwer Law International, 2001), http://www.ftaa-alca.org/NGROUPS/NGCP/Publications/DomLaws_e.asp (cited hereinafter as "FTAA ALCA"), http://www.unctad.org/en/docs/c2clp99d6.pdf (cited hereinafter as "UNCTAD")</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
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|- class="categorydivision" | |- class="categorydivision" | ||
| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| 0 | | 0 | ||
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| Fines | | Fines | ||
| 1 | | 1 | ||
| The Competition Act allows for fines for certain violations. | | The Competition Act allows for fines for certain violations.<ref>León at 100</ref> | ||
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| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| The Competition Act says that any transaction involving agents worth more than 20 million pesos requires notification. | | The Competition Act says that any transaction involving agents worth more than 20 million pesos requires notification.<ref>León at 99.</ref> | ||
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| Pre-merger | | Pre-merger | ||
| 2 | | 2 | ||
| Companies should notify before the transaction is completed. | | Companies should notify before the transaction is completed.<ref>León at 99.</ref> | ||
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| Merger Assessment | | Merger Assessment | ||
| Dominance | | Dominance | ||
| | | 1 | ||
| | | Superintendencey of Industry and Trade can block mergers if “they are the means for obtaining a position of dominance in the market.”<ref>FTAA ALCA at 42.</ref> | ||
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| Restriction of Competition | | Restriction of Competition | ||
| 1 | | 1 | ||
| The Superintendency may challenge a merger if it creates an adverse effect on competition. | | The Superintendency may challenge a merger if it creates an adverse effect on competition.<ref>León at 100.</ref> | ||
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| Efficiency | | Efficiency | ||
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| | | Superintendencey of Industry and Trade can allow merger if shown that it will cause “significantly increased efficiency."<ref>FTAA ALCA at 40.</ref> | ||
|- class=" | |- class="categorydivisio. | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
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| Price Setting | | Price Setting | ||
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| | | Article 47 of the Competition Act prohibits price setting by dominant firm with the intention of eliminating competition. <ref>UNCTAD at 6</ref> | ||
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| Discriminatory Pricing | | Discriminatory Pricing | ||
| 1 | | 1 | ||
| | | Article 47 of the Competition Act prohibits price discrimination by dominant firm.<ref>UNCTAD at 6.</ref> | ||
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| Resale Price Maintenance | | Resale Price Maintenance | ||
| 1 | | 1 | ||
| RPM is usually illegal. | | RPM is usually illegal.<ref>León at 83.</ref> | ||
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| Price Fixing | | Price Fixing | ||
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| Price fixing | | Article 47 of the Competition Act prohibits Price fixing.<ref>León at 79.</ref> | ||
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| Tying | | Tying | ||
| | | 1 | ||
| | | Article 47 of the Competition Act prohibits tying.<ref>UNCTAD at 5.</ref> | ||
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| Market Division | | Market Division | ||
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| | | Article 47 of the Competition Act prohibits “sharing . . . of sources of supply of production inputs.<ref>León at 79.</ref> | ||
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| Output Restraint | | Output Restraint | ||
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| | | Article 47 of the Competition Act prohibits output restraints.<ref>León at 78.</ref> | ||
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| Market Sharing | | Market Sharing | ||
| | | 1 | ||
| | | Article 47 of the Competition Act prohibits agreements that allow for market sharing.<ref>UNCTAD at 5.</ref> | ||
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| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
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| | | Article 47 of the Competition Act prohibits collusion in bidding and tendering.<ref>Id.</ref> | ||
|- | |- | ||
| | | | ||
| Supply Refusal | | Supply Refusal | ||
| | | 1 | ||
| | | Article 47 of the Competition Act prohibits “limiting of sources of supply of production inputs."<ref>Id.</ref> | ||
|- | |- | ||
Latest revision as of 15:38, 8 September 2007
Score = 18
Governed by: Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as “Constitution”)[1], Decree No. 2153, December 30, 1992 and Article 118 of Decree 2666 of 2000 (hereinafter collectively referred to as “Competition Act”).([2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The Competition Act allows for fines for certain violations.[3] |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | The Competition Act says that any transaction involving agents worth more than 20 million pesos requires notification.[4] | |
| Pre-merger | 2 | Companies should notify before the transaction is completed.[5] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Superintendencey of Industry and Trade can block mergers if “they are the means for obtaining a position of dominance in the market.”[6] |
| Restriction of Competition | 1 | The Superintendency may challenge a merger if it creates an adverse effect on competition.[7] | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Superintendencey of Industry and Trade can allow merger if shown that it will cause “significantly increased efficiency."[8] | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 333 of the Constitution prohibits the abuse of a dominant position. | |
| Price Setting | 1 | Article 47 of the Competition Act prohibits price setting by dominant firm with the intention of eliminating competition. [9] | |
| Discriminatory Pricing | 1 | Article 47 of the Competition Act prohibits price discrimination by dominant firm.[10] | |
| Resale Price Maintenance | 1 | RPM is usually illegal.[11] | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 47 of the Competition Act prohibits Price fixing.[12] |
| Tying | 1 | Article 47 of the Competition Act prohibits tying.[13] | |
| Market Division | 1 | Article 47 of the Competition Act prohibits “sharing . . . of sources of supply of production inputs.[14] | |
| Output Restraint | 1 | Article 47 of the Competition Act prohibits output restraints.[15] | |
| Market Sharing | 1 | Article 47 of the Competition Act prohibits agreements that allow for market sharing.[16] | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 47 of the Competition Act prohibits collusion in bidding and tendering.[17] | |
| Supply Refusal | 1 | Article 47 of the Competition Act prohibits “limiting of sources of supply of production inputs."[18] | |
| Efficiency Defense | 0 |
References
- ↑ Global Competition Review website, http://www.globalcompetitionforum.org/regions/s_america/Columbia/Constituci%F3n%20Art.%20333%20334.pdf
- ↑ Full text of decrees was not available therefore information is retrieved from: Ignacio de León, Latin American Competition Law and Policy: A Policy in Search of Identity, (The Hague: Kluwer Law International, 2001), http://www.ftaa-alca.org/NGROUPS/NGCP/Publications/DomLaws_e.asp (cited hereinafter as "FTAA ALCA"), http://www.unctad.org/en/docs/c2clp99d6.pdf (cited hereinafter as "UNCTAD")
- ↑ León at 100
- ↑ León at 99.
- ↑ León at 99.
- ↑ FTAA ALCA at 42.
- ↑ León at 100.
- ↑ FTAA ALCA at 40.
- ↑ UNCTAD at 6
- ↑ UNCTAD at 6.
- ↑ León at 83.
- ↑ León at 79.
- ↑ UNCTAD at 5.
- ↑ León at 79.
- ↑ León at 78.
- ↑ UNCTAD at 5.
- ↑ Id.
- ↑ Id.