Colombia (May 3, 2006): Difference between revisions

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'''Score = 21'''
'''Score = 19'''


''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>, Law no. 108/05 of May 3, 2006 (hereinafter referred to as "Competition Act").<ref>Full text available at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21081155~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html</ref>
''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>, Law no. 108/05 of May 3, 2006 (hereinafter referred to as "Competition Act").<ref>Full text available at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21081155~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html</ref>
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| Remedies
| Remedies
| Fines
| Fines
|
| 1
|
| Sanctions for legal persons can be between 100% and 105% of financial gain, or up to 100,000 minimum monthly salary, per Articles 36 and 65.<ref>World Bank Competition Law Database</ref>


|-
|-
|
|
| Prison Sentence
| Prison Sentence
|
| 0
|
|


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|
|
| Divestitures
| Divestitures
|
| 0
|
|


Line 36: Line 36:
| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
|
| 0
|
|


|-
|-
|
|
| Remedies Available To 3rd Paries
| Remedies Available To 3rd Parties
|
| 0
|
|


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|
|
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 0
|
|
|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|
|-
|
| Mandatory
| 3
| Article 5 requires mandatory notification for all transactions involving agents with legal monthly assets in excess of 1,300.<ref>World Bank Competition Law Database</ref>
|-
|
| Pre-merger
| 2
| Article 5 requires notification to occur at least 30 days pre-merger.<ref>World Bank Competition Law Database</ref>
|-
|
| Post-merger
| 0
|
|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
|
|
|-
|
| Restriction of Competition
| 1
|
|-
|
| Public Interest (Pro D)
| 0
|
|-
|
| Public Interest (Pro Authority)
| 0
|
|-
|
| Other
| 0
|
|-
|
| Efficiency
| 1
| Article 68 allows the Superintendent of Industry and Commerce to permit merger if it can be proved to increase efficiency<ref>World Bank Competition Law Database</ref>
|- class="categorydivision"
| Dominance
| Limits Access
| 0
|
|-
|
| Abusive Acts
| 1
|


|-
|
| Price Setting
| 1
| Article 64 of the Competition Act prohibits price setting by dominant firms with the intention of eliminating competition.<ref>World Bank Competition Law Database</ref>


|-
|
| Discriminatory Pricing
| 1
| Article 64 of the Competition Act prohibits price discrimination by dominant firms.<ref>World Bank Competition Law Database</ref>
|-
|
| Resale Price Maintenance
| 1
|
|-
|
| Obstacles to Entry
| 0
|
|-
|
| Efficiency Defense
| 0
|
|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 64 of the Competition Act prohibits price fixing.<ref>World Bank Competition Law Database</ref>
|-
|
| Tying
| 1
| Article 64 of the Competition Act prohibits tying.<ref>World Bank Competition Law Database</ref>
|-
|
| Market Division
| 1
| Article 64 of the Competition Act prohibits market division.<ref>World Bank Competition Law Database</ref>
|-
|
| Output Restraint
| 1
| Article 64 of the Competition Act prohibits output retraints.<ref>World Bank Competition Law Database</ref>
|-
|
| Market Sharing
| 1
| Article 64 of the Competition Act prohibits agreements that allow for market sharing.<ref>World Bank Competition Law Database</ref>
|-
|
| Eliminating Competitors
| 0
|
|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 64 of the Competition Act prohibits collusion in tendering and bidding.<ref>World Bank Competition Law Database</ref>
|-
|
| Supply Refusal
| 1
| Article 64 of the Competition Act prohibits limiting supply.<ref>World Bank Competition Law Database</ref>
|-
|
| Efficiency Defense
| 0
|




Latest revision as of 22:41, 6 August 2008

Score = 19

Governed by: Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as "Constitution"[1], Law no. 108/05 of May 3, 2006 (hereinafter referred to as "Competition Act").[2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Competition Act applies to all acts that have an effect on Colombia.[3]
Remedies Fines 1 Sanctions for legal persons can be between 100% and 105% of financial gain, or up to 100,000 minimum monthly salary, per Articles 36 and 65.[4]
Prison Sentence 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 Article 5 requires mandatory notification for all transactions involving agents with legal monthly assets in excess of 1,300.[5]
Pre-merger 2 Article 5 requires notification to occur at least 30 days pre-merger.[6]
Post-merger 0
Merger Assessment Dominance 1
Restriction of Competition 1
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 68 allows the Superintendent of Industry and Commerce to permit merger if it can be proved to increase efficiency[7]
Dominance Limits Access 0
Abusive Acts 1
Price Setting 1 Article 64 of the Competition Act prohibits price setting by dominant firms with the intention of eliminating competition.[8]
Discriminatory Pricing 1 Article 64 of the Competition Act prohibits price discrimination by dominant firms.[9]


Resale Price Maintenance 1
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 64 of the Competition Act prohibits price fixing.[10]
Tying 1 Article 64 of the Competition Act prohibits tying.[11]
Market Division 1 Article 64 of the Competition Act prohibits market division.[12]
Output Restraint 1 Article 64 of the Competition Act prohibits output retraints.[13]
Market Sharing 1 Article 64 of the Competition Act prohibits agreements that allow for market sharing.[14]
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 64 of the Competition Act prohibits collusion in tendering and bidding.[15]
Supply Refusal 1 Article 64 of the Competition Act prohibits limiting supply.[16]
Efficiency Defense 0


References

  1. ↑ Global Competition Review website, http://www.globalcompetitionforum.org/regions/s_america/Columbia/Constituci%F3n%20Art.%20333%20334.pdf
  2. ↑ Full text available at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21081155~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
  3. ↑ World Bank Competition Law Database, http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21061582~menuPK:2137510~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
  4. ↑ World Bank Competition Law Database
  5. ↑ World Bank Competition Law Database
  6. ↑ World Bank Competition Law Database
  7. ↑ World Bank Competition Law Database
  8. ↑ World Bank Competition Law Database
  9. ↑ World Bank Competition Law Database
  10. ↑ World Bank Competition Law Database
  11. ↑ World Bank Competition Law Database
  12. ↑ World Bank Competition Law Database
  13. ↑ World Bank Competition Law Database
  14. ↑ World Bank Competition Law Database
  15. ↑ World Bank Competition Law Database
  16. ↑ World Bank Competition Law Database
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