El Salvador (January 1, 2006)
From AntitrustWorldWiki
Score = 18
Governed by: Competition Law of December 2004, came into 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 |
