Venezuela (January 13, 1992)
Score = 13
Governed by: Law to Promote and Protect the Exercise of Free Competition (Official Gazette N° 34.880 of January 13, 1992)(hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 49 allows the Commission to fine people for violations of the Act. |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 32 says that proceedings can be initiated at the request of a concerned party. |
| 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 11 says that concentrations are prohibited if they create a situation of dominance in the market. |
| Restriction of Competition | 1 | Article 11 says that concentrations are prohibited if they restrict competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 13(2) prohibits limiting production and distribution. |
| Abusive Acts | 1 | Article 13 prohibits abuse by undertakings in a dominant position. | |
| Price Setting | 1 | Article 13(1) prohibits price fixing. | |
| Discriminatory Pricing | 1 | Article 13(4) prohibits imposing unequal prices and conditions for equivalent transactions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 10(1) prohibits price fixing. |
| Tying | 1 | Article 10(5) prohibits tying arrangements. | |
| Market Division | 1 | Article 10(3) prohibits market division. | |
| Output Restraint | 1 | Article 10(2) prohibits limiting production. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 17 says that policies tending to eliminate competitors are prohibited. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 18 allows some prohibited restrictive trade practices when they contribute to production and distribution improvements or promote technical or economic progress. |
References
- ↑ Venezuela Competition website, http://www.procompetencia.gov.ve/lppelc-eng.html.