Honduras 2006
Score = 19
Governed by: The Law for the Defense and Promotion of Competition, Decree no. 527-2005 of November 26, 2005, entered into force in January 2006 (hereinafter referred to as “Competition Act”)[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 4[2] states that the scope of the law extends to those whose activities have an effect within the national territory of Honduras. |
| Remedies | Fines | 1 | Articles 37-39, 41 deal with fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 19(1) allows total or partial divestitures of improper mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 49 allows outside parties to file complaints with the authority. |
| Remedies Available to 3rd Parties | 1 | Article 58 allows all concerned parties to seek damages through civil actions. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 13 requires mandatory notification of intended concentrations although prior verification is generally voluntary. | |
| Pre-merger | 2 | Article 13 requires notification to be pre-merger. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 16(1) requires market share of the agents involved in the concentration to be assessed regarding compliance with the law. |
| Restriction of Competition | 1 | Article 12 prohibits concentrations that have the purpose or effect of restricting, reducing, damaging or preventing competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 1 | Article 16(4) allows the authority to assess the need for the economic concentration as the only choice to prevent the involved agents' exit from the market. | |
| Efficiency | 1 | Article 12 allows for an efficiency defense for concentrations that generate increases in economic efficiency and consumer welfare. | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | |||
| Resale Price Maintenance | |||
| Obstacles to Entry | |||
| Efficiency Defense | |||
| Restrictive Trade Practices | Price Fixing | ||
| Tying | |||
| Market Division | |||
| Output Restraint | |||
| Market Sharing | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | |||
| Supply Refusal | |||
| Efficiency Defense |
References
- ↑ Own translation of Competition Act, as available at: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21326341~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html; for secondary source analysis in English, see http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21326314~menuPK:2137514~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
- ↑ all references are to the Competition Act unless otherwise indicated