Guatemala
Score = 5
Governed by: The Political Constitution of the Republic of Guatemala (hereinafter referred to as “Constitution”), The Commercial Code, Congressional Decree 2-70 (hereinafter referred to as “Commercial Code”), and Criminal Code, Congressional Decree No. 17-73 (hereinafter referred to as “Criminal Code”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The Criminal Code provides for fines and prison sentences by the Criminal Court. |
| Prison Sentences | 1 | The Criminal Code provides for fines and prison sentences by the Criminal Court. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | 3rd parties can initiate civil proceedings by setting out a claim before the Civil Courts. |
| Remedies Available to 3rd Parties | 1 | 3rd parties can obtain sanctions through the Civil Courts. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | The Constitution prohibits practices (i.e. mergers) that lead to the excessive concentration of goods.[2] |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Hoarding is considered an impermissible monopoly act. |
| Abusive Acts | 0 | ||
| Price Setting | 1 | Article 341 of the Criminal Code prohibits price setting. | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Article 341 of the Criminal Code prohibits withdrawing necessary goods from the market. | |
| 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
- ↑ http://www.sice.oas.org/compol/natleg/Guatema/39.asp