Uruguay 2001
Score = 14
Governed by: Decree Governing Defense of Competition of March 15, 2001 (hereinafter referred to as “Decree”), Law No. 17, 243 of June 29, 2000 (hereinafter referred to as Law 17, 243), and Law No. 17, 296 of February 21, 2001 (hereinafter referred to as Law 17, 296).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2 applies national competition law to all firms whose activities reach the Uruguay marketplace. |
| Remedies | Fines | 1 | Article 157 of Law 17, 296 allows the government to impose fines for repeated violations of Article 14 of law 17, 243.
Article 21 of the "Law of the Defense of the Competition" also imposes fines. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 2 of the Decree says that proceedings can be initiated by any affected person.
Article 10 of the Law of the Defense of the Competition allows for third-party initiation. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 23 of the Law of the Defense of the Competition. | |
| Pre-merger | 2 | Article 23 of the Law of the Defense of the Competition. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 3(1)(c) of the Law of the Defense of the Competition. |
| Abusive Acts | 1 | Article 14 of Law 17, 243 prohibits the abuse of a dominant position. | |
| Price Setting | 1 | Article 14(a) of Law 17, 243 prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 14(c) of Law 17, 243 prohibits applying unequal terms for similar transactions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 4 of the Law in Defense of Competition. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 14(a) of Law 17, 243 prohibits price fixing. |
| Tying | 1 | Article 14(d) of law 17, 243 prohibits tying arrangements. | |
| Market Division | 1 | Article 3(1)(e) of the Law of the Defense of the Competition. | |
| Output Restraint | 1 | Article 14(b) of Law 17, 243 prohibits output restraint. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 4 of the Law in Defense of Competition. |
References
- ↑ Full text of the Act was not available so 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