Uruguay, 2007

Score = 22

Governed by: Ley Nº 18.159 de 20 de julio de 2007 ("the statute").

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article 3 applies the statute to all firms whose activities reach the Uruguay marketplace.
Remedies	Fines	1	Articles 17 and 19 allow for the imposition of fines.
	Prison Sentences	0
	Divestitures	0
Private Enforcement	3rd Party Initiation	1	Article 12 of the statute allows any person to submit formal complaints.
	Remedies Available to 3rd Parties	1	Article 28 of the statute imposes a statute of limitations on third party damage actions.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	Article 7 states that mergers between large companies, or those with >50% market share must notify the Commission prior to merger.
	Pre-merger	2	See above.
	Post-merger	0
Merger Assessment	Dominance	1	Article 9 states that mergers which create a monopoly or near-monopoly are subject to approval.
	Restriction of Competition	0
	Public Interest (Pro D)	1	Article 9 states that the Commission must consider foreign competition when deciding whether to grant merger approval.
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	1	Article 9 states that the Commission must consider efficiency in deciding whether to approve a merger.
Dominance	Limits Access	1	Article 4B of the statute states that no party may limit production or technical developments.
	Abusive Acts	1	Article 2 prohibits abusive acts by dominant parties.
	Price Setting	1	Article 4A prohibits price setting.
	Discriminatory Pricing	1	Article 4c bans discriminatory pricing.
	Resale Price Maintenance	1	Article 4A bans indirectly setting buying or selling prices of goods.
	Obstacles to Entry	1	Articles 4F and 4G ban creating obstacles to entry, and limiting access to essential facilities.
	Efficiency Defense	1	Article 2 of the statute requires that efficiency be considered in evaluating otherwise restrictive practices.
Restrictive Trade Practices	Price Fixing	1	Article 4A bans price fixing.
	Tying	1	Article 4D bans tying arrangements.
	Market Division	1	Article 4H bans market division.
	Output Restraint	1	Article 4B bans output restraint.
	Market Sharing	0
	Eliminating Competitors	1	Articles 4F and 4G prohibit creating restraints to entry or driving competitors out by denying access to essential facilities.
	Collusive Tendering/Bid-Rigging	1	Article 4E bans bid-rigging.
	Supply Refusal	1	Article 4I bans supply refusal.
	Efficiency Defense	1	Article 2 requires consideration of efficiency in assessing otherwise anticompetitive practices.