El Salvador (December, 2004)

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Score = 18

Governed by: Competition Law of December 2004, took effect 1 January 2006[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2.
Remedies Fines 1 Article 38 provides for fines if prohibitions in the statute are violated.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Articles 40-42 say that a 3rd party can compel the enforcement agency to begin an investigation.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 33 says firms of a certain size must request authorization.
Pre-merger 2 Article 33
Post-merger 0
Merger Assessment Dominance 1 Article 33 considers the size of the resulting firm.
Restriction of Competition 0
Public Interest (Pro D) 1 Article 34 talks about consumer benefits as well as market efficiency.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 34
Dominance Limits Access 0
Abusive Acts 1 Article 30 leaves other possible abusive acts open.
Price Setting 0
Discriminatory Pricing 1 Article 30(d)
Resale Price Maintenance 0
Obstacles to Entry 1 Article 30(a)
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 25(a)
Tying 1 Article 26(a) & (b)
Market Division 1 Article 25(d) prohibits "Division of the market, either by territory, volume of sales or purchases, by type of good sold, customer or seller , or by any other means."
Output Restraint 1 Article 25(b) prohibits "Fixing or limiting quantity output."
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 25(c)
Supply Refusal 0
Efficiency Defense 0

References

  1. http://www.minec.gob.sv/leyes/LeydeCompetencia_english_.pdf