Bolivia 1994
Score = 11
Governed by: Political Constitution Articles 134, 142, 233 (hereinafter referred to as “Constitution”)[1] and Law for Sectorial Regulation System Law No. 1600 of October 28, 1994 (hereinafter referred to as “Sirese”)[2].
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 21 of Sirese Authority to impose sanctions for violations of the other provisions. |
| Prison Sentences | 0 | ||
| 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 | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 18 of Sirese prohibits mergers that lead to a dominant position. |
| Restriction of Competition | 1 | Article 19 of Sirese requires looking at possible restrictions to competition when deciding whether to exempt a merger from the Article 18 prohibitions.
| |
| Public Interest (Pro D) | 1 | Article 19 of Sirese allows otherwise impermissible mergers to be allowed for the benefit of consumers and users. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 19 of Sirese allows otherwise impermissible mergers to be allowed if they contribute to improvements in production and development or promote technical or economic progress. | |
| Dominance | Limits Access | 1 | Article 17 of Sirese prohibits limiting access to production and markets. |
| Abusive Acts | 1 | Article 17 of Sirese prohibits abusive practices by single firms. | |
| Price Setting | 1 | Article 17 of Sirese prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 17 of Sirese prohibits applying unequal conditions fro equivalent transactions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 16 of Sirese prohibits price fixing. |
| Tying | 1 | Article 17 of Sirese prohibits tying arrangements. | |
| Market Division | 1 | Article 16 of Sirese prohibits market division. | |
| Output Restraint | 1 | Article 16 of Sirese prohibits production limitation. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |