Costa Rica (1994,1996, 2000)
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.[2] | |
| 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 47 of the Worker Act requires prior authorization of the Superintendente to merge.[3] | |
| Pre-merger | 2 | Article 47 of the Worker Act requires prior authorization of the Superintendente to merge.[4] | |
| 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.[5] | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | The Competition Act prohibits several abusive acts when committed by undertakings in a dominant position.[6]. | |
| Price Setting | 0 | ||
| 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 12(c) prohibits tying arrangements. | |
| 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
- ↑ Used own translation of Competition Act, as available at: http://www.globalcompetitionforum.org/regions/n_america/Costa%20Rica/COSTA%20RICA.pdf
- ↑ 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
- ↑ 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
- ↑ Id
- ↑ 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
- ↑ 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