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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''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> and Decree No. 2153, December 30, 1992 (hereinafter referred to as “Competition Act”).<ref>Full text of decree 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).</ref> | ||
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Revision as of 04:19, 16 July 2007
Score = 13
Governed by: Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as “Constitution”)[1] and Decree No. 2153, December 30, 1992 (hereinafter 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. |
| 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. | |
| Pre-merger | 2 | Companies should notify before the transaction is completed. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | The Superintendency may challenge a merger if it creates an adverse effect on competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 333 of the Constitution prohibits the abuse of a dominant position. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Columbia prohibits price discrimination. | |
| Resale Price Maintenance | 1 | RPM is usually illegal. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Price fixing is prohibited when it restricts competition. |
| Tying | 0 | ||
| Market Division | 1 | Market allocation is prohibited when it restricts competition. | |
| Output Restraint | 1 | Output restraint is prohibited. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| 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 decree 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).