Colombia (December 30, 1992)
Score = 18
Governed by: Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as “Constitution”)[1], Decree No. 2153, December 30, 1992 and Article 118 of Decree 2666 of 2000 (hereinafter collectively referred to as “Competition Act”).([2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The Competition Act allows for fines for certain violations.[3] |
| 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 | 3 | The Competition Act says that any transaction involving agents worth more than 20 million pesos requires notification.[4] | |
| Pre-merger | 2 | Companies should notify before the transaction is completed.[5] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Superintendencey of Industry and Trade can block mergers if “they are the means for obtaining a position of dominance in the market.”[6] |
| Restriction of Competition | 1 | The Superintendency may challenge a merger if it creates an adverse effect on competition.[7] | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Superintendencey of Industry and Trade can allow merger if shown that it will cause “significantly increased efficiency."[8] | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 333 of the Constitution prohibits the abuse of a dominant position. | |
| Price Setting | 1 | Article 47 of the Competition Act prohibits price setting by dominant firm with the intention of eliminating competition. [9] | |
| Discriminatory Pricing | 1 | Article 47 of the Competition Act prohibits price discrimination by dominant firm.[10] | |
| Resale Price Maintenance | 1 | RPM is usually illegal.[11] | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 47 of the Competition Act prohibits Price fixing.[12] |
| Tying | 1 | Article 47 of the Competition Act prohibits tying.[13] | |
| Market Division | 1 | Article 47 of the Competition Act prohibits “sharing . . . of sources of supply of production inputs.[14] | |
| Output Restraint | 1 | Article 47 of the Competition Act prohibits output restraints.[15] | |
| Market Sharing | 1 | Article 47 of the Competition Act prohibits agreements that allow for market sharing.[16] | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 47 of the Competition Act prohibits collusion in bidding and tendering.[17] | |
| Supply Refusal | 1 | Article 47 of the Competition Act prohibits “limiting of sources of supply of production inputs."[18] | |
| Efficiency Defense | 0 |
References
- ↑ Global Competition Review website, http://www.globalcompetitionforum.org/regions/s_america/Columbia/Constituci%F3n%20Art.%20333%20334.pdf
- ↑ Full text of decrees was not available therefore information is retrieved from: Ignacio de León, Latin American Competition Law and Policy: A Policy in Search of Identity, (The Hague: Kluwer Law International, 2001), http://www.ftaa-alca.org/NGROUPS/NGCP/Publications/DomLaws_e.asp (cited hereinafter as "FTAA ALCA"), http://www.unctad.org/en/docs/c2clp99d6.pdf (cited hereinafter as "UNCTAD")
- ↑ León at 100
- ↑ León at 99.
- ↑ León at 99.
- ↑ FTAA ALCA at 42.
- ↑ León at 100.
- ↑ FTAA ALCA at 40.
- ↑ UNCTAD at 6
- ↑ UNCTAD at 6.
- ↑ León at 83.
- ↑ León at 79.
- ↑ UNCTAD at 5.
- ↑ León at 79.
- ↑ León at 78.
- ↑ UNCTAD at 5.
- ↑ Id.
- ↑ Id.