El Salvador (April 30, 1997)
From AntitrustWorldWiki
Score = 10
Governed by: Article 110 of Constitution of El Salvador promulgated by Decree No. 28 of December 15, 1983 (hereinafter referred to as “Constitution”), Commercial Code Articles 489, 490, and 491 promulgated by Legislative Decree No. 671 of May 8, 1970 (hereinafter referred to as “Commercial Code”), and Criminal Code Article 232 promulgated by Legislative Decree No. 1030 of April 30, 1997 (hereinafter referred to as “Criminal Code”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The Criminal Code imposes fines and prison sentence for violations of Article 232. |
| Prison Sentences | 1 | The Criminal Code imposes fines and prison sentence for violations of Article 232. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | The law provides for the initiate of contentious proceedings by the affected 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 | 0 | |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 110 of the Constitution prohibits abusive monopolistic practices | |
| Price Setting | 1 | Article 232 of the Criminal Code prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 232 of the Criminal Code prohibits discriminatory pricing and other trade conditions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 232 of the Criminal Code prohibits price fixing. |
| Tying | 1 | Article 232 of the Criminal Code prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 232 of the Criminal Code prohibits limiting production and development. | |
| Market Sharing | 1 | Article 232 of the Criminal Code prohibits market sharing. | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
References
- ↑ Full text of the Acts were not available so this report is based on excerpts from FTAA report, Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere, March 22, 2002, http://www.ftaa-alca.org/ngroups/NGCP/Publications/domlaws_e.asp.
