Costa Rica (1994,1996, 2000): Difference between revisions
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New page: '''Score = 20''' ''Governed by:'' Law No. 7472 on Promotion of Competition and Effective Consumer Defense of December 20, 1994 (hereinafter referred to as “Competition Act”), Executiv... |
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| | | Article 11b prohibits “the setting of prices to other terms.” | ||
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Revision as of 16:14, 16 July 2007
Score = 20
Governed by: Law No. 7472 on Promotion of Competition and Effective Consumer Defense of December 20, 1994 (hereinafter referred to as “Competition Act”), Executive Decree No. 25234 MEIC on Regulations of the Law on Promotion of Competition and Effective Consumer Defense of January 25, 1996 (hereinafter referred to as “Regulations”), and Article 46 of the Political Constitution of Costa Rica (hereinafter referred to as “Constitution”), Law No. 7983 on Protection to Workers of February 16, 2000 (hereinafter referred to as “Workers Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2 of the Competition Act says that it applies to anything that has an effect in the country. |
| Remedies | Fines | 1 | Article 25 of the Competition Act imposes fines for various violations of the Act. |
| Prison Sentences | 1 | Article 305 of the Criminal Code imposes imprisonment for not following the directives of the Competition Commission. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 18 of the Competition Act says that a 3rd party can initiate an investigation by filing a complaint. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 47 of the Worker Act requires prior authorization of the Superintendente to merge. | |
| Pre-merger | 2 | Article 47 of the Worker Act requires prior authorization of the Superintendente to merge. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | The Worker Act says that the Superintendente is to make his decision based on whether the merger undermines competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 11 (g) prohibits agreements that “provide a restricted or limited frequency, volume, or number of services.” |
| Abusive Acts | 1 | The Competition Act prohibits several abusive acts when committed by undertakings in a dominant position. | |
| Price Setting | 1 | Article 11(a) of the Competition Act prohibits price setting. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 1 | Article 12(b) prohibits RPM. | |
| Obstacles to Entry | 1 | Article 12(g) prohibits any deliberate act that results in baring access to the market. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 11(a) of the Competition Act prohibits price fixing. |
| Tying | 1 | Article 11b prohibits “the setting of prices to other terms.” | |
| Market Division | 1 | Article 11(c) prohibits market division. | |
| Output Restraint | 1 | Article 11(b) of the Competition Act prohibits output restraint. | |
| Market Sharing | 1 | Article 12(a) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 12(g) prohibits any deliberate act that results in the withdrawal of competitors from the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 11(d) prohibits collusive bidding. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
References
- ↑ Full text of the Acts were not available so this report is based on excerpts from FTAA report, Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere, March 22, 2002, http://www.ftaa-alca.org/ngroups/NGCP/Publications/domlaws_e.asp.