Uruguay, 2007: Difference between revisions

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'''This page is currently under construction. please check back in mid-August, 2008.'''
'''Score = 22'''


'''Score = '''
''Governed by:'' Ley Nº 18.159 de 20 de julio de 2007 ("the statute").<ref>Google translation at http://translate.google.com/translate?hl=en&sl=es&u=http://www.ccea.com.uy/boletines/leyN18159.htm&sa=X&oi=translate&resnum=4&ct=result&prev=/search%3Fq%3DLey%2BN%25C2%25BA%2B18.159%26hl%3Den%26client%3Dfirefox-a%26channel%3Ds%26rls%3Dorg.mozilla:en-US:official%26hs%3D8yt%26sa%3DG</ref>
 
''Governed by:'' Ley Nº 18.159 de 20 de julio de 2007 (DO30/10/07).<ref>Spanish text available at http://www.globalcompetitionforum.org/regions/s_america/Uraguay/LEY%2018159%20Defensa%20Competencia%20URUGUAY.pdf</ref><ref>Google translation at http://translate.google.com/translate?hl=en&sl=es&u=http://www.ccea.com.uy/boletines/leyN18159.htm&sa=X&oi=translate&resnum=4&ct=result&prev=/search%3Fq%3DLey%2BN%25C2%25BA%2B18.159%26hl%3Den%26client%3Dfirefox-a%26channel%3Ds%26rls%3Dorg.mozilla:en-US:official%26hs%3D8yt%26sa%3DG</ref>


{| class="wikitable"
{| class="wikitable"
Line 13: Line 11:
| Extraterritoriality
| Extraterritoriality
| 1
| 1
| Article 2 applies national competition law to all firms whose activities reach the Uruguay marketplace.
| Article 3 applies the statute to all firms whose activities reach the Uruguay marketplace.


|- class="categorydivision"
|- class="categorydivision"
Line 19: Line 17:
| Fines
| Fines
| 1
| 1
| Article 157 of Law 17, 296 allows the government to impose fines for repeated violations of Article 14 of law 17, 243.
| Articles 17 and 19 allow for the imposition of fines.  
 
Article 21 of the "Law of the Defense of the Competition" also imposes fines.


|-
|-
Line 39: Line 35:
| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| Article 2 of the Decree says that proceedings can be initiated by any affected person.
| Article 12 of the statute allows any person to submit formal complaints.  
 
Article 10 of the Law of the Defense of the Competition allows for third-party initiation.


|-
|-
|  
|  
| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 0
| 1
|  
| Article 28 of the statute imposes a statute of limitations on third party damage actions.
|-
|-
Line 65: Line 59:
| Mandatory
| Mandatory
| 3
| 3
| Article 23 of the Law of the Defense of the Competition.
| Article 7 states that mergers between large companies, or those with >50% market share must notify the Commission prior to merger.  
|-
|-
Line 71: Line 65:
| Pre-merger
| Pre-merger
| 2
| 2
| Article 23 of the Law of the Defense of the Competition.
| See above.  
|-
|-
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 0
| 1
|  
| Article 9 states that mergers which create a monopoly or near-monopoly are subject to approval.
|-
|-
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|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 0
| 1
|  
| Article 9 states that the Commission must consider foreign competition when deciding whether to grant merger approval.
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 0
| 1
|  
| Article 9 states that the Commission must consider efficiency in deciding whether to approve a merger.
|- class="categorydivision"
|- class="categorydivision"
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| Limits Access
| Limits Access
| 1
| 1
| Article 3(1)(c) of the Law of the Defense of the Competition.
| Article 4B of the statute states that no party may limit production or technical developments.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 14 of Law 17, 243 prohibits the abuse of a dominant position.
| Article 2 prohibits abusive acts by dominant parties.  


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 14(a) of Law 17, 243 prohibits price setting.
| Article 4A prohibits price setting.  
 
|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Article 14(c) of Law 17, 243 prohibits applying unequal terms for similar transactions.
| Article 4c bans discriminatory pricing.
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 0
| 1
|  
| Article 4A bans indirectly setting buying or selling prices of goods.
|-
|-
|  
|  
| Obstacles to Entry
| Obstacles to Entry
| 0
| 1
|  
| Articles 4F and 4G ban creating obstacles to entry, and limiting access to essential facilities.
|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 4 of the Law in Defense of Competition.
| Article 2 of the statute requires that efficiency be considered in evaluating otherwise restrictive practices.  
|- class="categorydivision"
|- class="categorydivision"
Line 161: Line 154:
| Price Fixing
| Price Fixing
| 1
| 1
| Article 14(a) of Law 17, 243 prohibits price fixing.
| Article 4A bans price fixing.
|-
|-
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| Tying
| Tying
| 1
| 1
| Article 14(d) of law 17, 243 prohibits tying arrangements.
| Article 4D bans tying arrangements.
|-
|-
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| Market Division
| Market Division
| 1
| 1
| Article 3(1)(e) of the Law of the Defense of the Competition.
| Article 4H bans market division.  
|-
|-
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| Output Restraint
| Output Restraint
| 1
| 1
| Article 14(b) of Law 17, 243 prohibits output restraint.
| Article 4B bans output restraint.
|-
|-
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|  
|  
| Eliminating Competitors
| Eliminating Competitors
| 0
| 1
|  
| Articles 4F and 4G prohibit creating restraints to entry or driving competitors out by denying access to essential facilities.
|-
|-
|  
|  
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 0
| 1
|  
| Article 4E bans bid-rigging.
|-
|-
|  
|  
| Supply Refusal
| Supply Refusal
| 0
| 1
|  
| Article 4I bans supply refusal.
|-
|-
Line 209: Line 202:
| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 4 of the Law in Defense of Competition.
| Article 2 requires consideration of efficiency in assessing otherwise anticompetitive practices.
|}
|}

Latest revision as of 14:55, 11 August 2008

Score = 22

Governed by: Ley Nº 18.159 de 20 de julio de 2007 ("the statute").[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 3 applies the statute to all firms whose activities reach the Uruguay marketplace.
Remedies Fines 1 Articles 17 and 19 allow for the imposition of fines.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 12 of the statute allows any person to submit formal complaints.
Remedies Available to 3rd Parties 1 Article 28 of the statute imposes a statute of limitations on third party damage actions.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 7 states that mergers between large companies, or those with >50% market share must notify the Commission prior to merger.
Pre-merger 2 See above.
Post-merger 0
Merger Assessment Dominance 1 Article 9 states that mergers which create a monopoly or near-monopoly are subject to approval.
Restriction of Competition 0
Public Interest (Pro D) 1 Article 9 states that the Commission must consider foreign competition when deciding whether to grant merger approval.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 9 states that the Commission must consider efficiency in deciding whether to approve a merger.
Dominance Limits Access 1 Article 4B of the statute states that no party may limit production or technical developments.
Abusive Acts 1 Article 2 prohibits abusive acts by dominant parties.
Price Setting 1 Article 4A prohibits price setting.
Discriminatory Pricing 1 Article 4c bans discriminatory pricing.
Resale Price Maintenance 1 Article 4A bans indirectly setting buying or selling prices of goods.
Obstacles to Entry 1 Articles 4F and 4G ban creating obstacles to entry, and limiting access to essential facilities.
Efficiency Defense 1 Article 2 of the statute requires that efficiency be considered in evaluating otherwise restrictive practices.
Restrictive Trade Practices Price Fixing 1 Article 4A bans price fixing.
Tying 1 Article 4D bans tying arrangements.
Market Division 1 Article 4H bans market division.
Output Restraint 1 Article 4B bans output restraint.
Market Sharing 0
Eliminating Competitors 1 Articles 4F and 4G prohibit creating restraints to entry or driving competitors out by denying access to essential facilities.
Collusive Tendering/Bid-Rigging 1 Article 4E bans bid-rigging.
Supply Refusal 1 Article 4I bans supply refusal.
Efficiency Defense 1 Article 2 requires consideration of efficiency in assessing otherwise anticompetitive practices.

References

  1. ↑ Google translation at http://translate.google.com/translate?hl=en&sl=es&u=http://www.ccea.com.uy/boletines/leyN18159.htm&sa=X&oi=translate&resnum=4&ct=result&prev=/search%3Fq%3DLey%2BN%25C2%25BA%2B18.159%26hl%3Den%26client%3Dfirefox-a%26channel%3Ds%26rls%3Dorg.mozilla:en-US:official%26hs%3D8yt%26sa%3DG
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