Colombia (May 3, 2006)
Score = 21
Governed by: Articles 333 and 334 of the Colombian Constitution (hereinafter referred to as "Constitution"[1], Law no. 108/05 of May 3, 2006 (hereinafter referred to as "Competition Act").[2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Competition Act applies to all acts that have an effect on Colombia.[3] |
| Remedies | Fines | 1 | Sanctions for legal persons can be between 100% and 105% of financial gain, or up to 100,000 minimum monthly salary, per Articles 36 and 65.[4] |
| Prison Sentence | 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 | Article 5 requires mandatory notification for all transactions involving agents with legal monthly assets in excess of 1,300.[5] | |
| Pre-merger | 2 | Article 5 requires notification to occur at least 30 days pre-merger.[6] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | |
| Restriction of Competition | 1 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 68 allows the Superintendent of Industry and Commerce to permit merger if it can be proved to increase efficiency[7] | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | ||
| Price Setting | 1 | Article 64 of the Competition Act prohibits price setting by dominant firms with the intention of eliminating competition.[8] | |
| Discriminatory Pricing | 1 | Article 64 of the Competition Act prohibits price discrimination by dominant firms.[9]
| |
| Resale Price Maintenance | 1 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 64 of the Competition Act prohibits price fixing.[10] |
| Tying | 1 | Article 64 of the Competition Act prohibits tying.[11] | |
| Market Division | 1 | Article 64 of the Competition Act prohibits market division.[12] | |
| Output Restraint | 1 | Article 64 of the Competition Act prohibits output retraints.[13] | |
| Market Sharing | 1 | Article 64 of the Competition Act prohibits agreements that allow for market sharing.[14] | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 1 | Article 64 of the Competition Act prohibits collusion in tendering and bidding.[15] | |
| Supply Refusal | 1 | Article 64 of the Competition Act prohibits limiting supply.[16] | |
| Efficiency Defense | 0 |
|
References
- ↑ Global Competition Review website, http://www.globalcompetitionforum.org/regions/s_america/Columbia/Constituci%F3n%20Art.%20333%20334.pdf
- ↑ Full text available at http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21081155~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
- ↑ World Bank Competition Law Database, http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21061582~menuPK:2137510~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database
- ↑ World Bank Competition Law Database