El Salvador (December, 2004): Difference between revisions
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'''Score = 18''' | '''Score = 18''' | ||
''Governed by:'' Competition Law of December 2004 | ''Governed by:'' Competition Law of December 2004, took effect 1 January 2006<ref>http://www.minec.gob.sv/leyes/LeydeCompetencia_english_.pdf</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
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| Prison Sentences | | Prison Sentences | ||
| | | 0 | ||
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| Divestitures | | Divestitures | ||
| | | 0 | ||
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| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| | | 0 | ||
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| 3rd Party Rights in Proceedings | | 3rd Party Rights in Proceedings | ||
| | | 0 | ||
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| Merger Notification | | Merger Notification | ||
| Voluntary | | Voluntary | ||
| | | 0 | ||
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| Post-merger | | Post-merger | ||
| | | 0 | ||
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| Restriction of Competition | | Restriction of Competition | ||
| | | 0 | ||
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| Public Interest (Pro Authority) | | Public Interest (Pro Authority) | ||
| | | 0 | ||
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| Other | | Other | ||
| | | 0 | ||
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| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 0 | ||
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| Price Setting | | Price Setting | ||
| | | 0 | ||
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| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 0 | ||
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| Efficiency Defense | | Efficiency Defense | ||
| | | 0 | ||
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| Market Sharing | | Market Sharing | ||
| | | 0 | ||
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| Eliminating Competitors | | Eliminating Competitors | ||
| | | 0 | ||
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| Supply Refusal | | Supply Refusal | ||
| | | 0 | ||
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| Efficiency Defense | | Efficiency Defense | ||
| | | 0 | ||
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Latest revision as of 02:53, 23 January 2009
Score = 18
Governed by: Competition Law of December 2004, took effect 1 January 2006[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2. |
| Remedies | Fines | 1 | Article 38 provides for fines if prohibitions in the statute are violated. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Articles 40-42 say that a 3rd party can compel the enforcement agency to begin an investigation. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 33 says firms of a certain size must request authorization. | |
| Pre-merger | 2 | Article 33 | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 33 considers the size of the resulting firm. |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 1 | Article 34 talks about consumer benefits as well as market efficiency. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 34 | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 30 leaves other possible abusive acts open. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Article 30(d) | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 30(a) | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 25(a) |
| Tying | 1 | Article 26(a) & (b) | |
| Market Division | 1 | Article 25(d) prohibits "Division of the market, either by territory, volume of sales or purchases, by type of good sold, customer or seller , or by any other means." | |
| Output Restraint | 1 | Article 25(b) prohibits "Fixing or limiting quantity output." | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 25(c) | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |