Honduras 2006

From AntitrustWorldWiki
Jump to: navigation, search

Score = 20

Governed by: The Law for the Defense and Promotion of Competition, Decree No. 527-2005 of November 26, 2005, entered into force in January 2006 (hereinafter referred to as “Competition Act”)[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 4[2] states that the scope of the law extends to those whose activities have an effect within the national territory of Honduras.
Remedies Fines 1 Articles 37-39, 41 deal with fines.
Prison Sentences 0
Divestitures 1 Article 19(1) allows total or partial divestitures of improper mergers.
Private Enforcement 3rd Party Initiation 1 Article 49 allows outside parties to file complaints with the authority.
Remedies Available to 3rd Parties 1 Article 58 allows all concerned parties to seek damages through civil actions.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 13 requires mandatory notification of intended concentrations although prior verification is generally voluntary.
Pre-merger 2 Article 13 requires notification to be pre-merger.
Post-merger 0
Merger Assessment Dominance 1 Article 16(1) requires market share of the agents involved in the concentration to be assessed regarding compliance with the law.
Restriction of Competition 1 Article 12 prohibits concentrations that have the purpose or effect of restricting, reducing, damaging or preventing competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 1 Article 16(4) allows the authority to assess the need for the economic concentration as the only choice to prevent the involved agents' exit from the market.
Efficiency 1 Article 12 allows for an efficiency defense for concentrations that generate increases in economic efficiency and consumer welfare.
Dominance Limits Access 1 Article 7(7) prohibits contracts, agreements, concerted practices or arrangements that limit the production, distribution or technological development by an operator to the detriment of other operators or consumers.
Abusive Acts 0
Price Setting 0
Discriminatory Pricing 0
Resale Price Maintenance 1 Article 7(2) prohibits resale price maintenance.
Obstacles to Entry 0
Efficiency Defense 1 Article 9 allows agreements or behaviors that generate increases in economic efficiency and consumer welfare offseting the negative impact on free competition.
Restrictive Trade Practices Price Fixing 1 Article 5(1) states that price fixing is illegal per se.
Tying 1 Article 7(4) prohibits tying.
Market Division 1 Article 7(1) prohibits market division.
Output Restraint 1 Article 5(2) makes contracts, agreements, concerted practices or arrangements that restrict all or part of the production, distribution, marketing or supply of goods or services illegal per se.
Market Sharing 1 Article 5(3) states that market sharing is illegal per se.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 1 Article 5(4) states that acting in concert to either participate or abstain from tenders, quotations or public auctions is illegal per se.
Supply Refusal 1 Article 5(2) makes contracts, agreements, concerted practices or arrangements that restrict all or part of the production, distribution, marketing or supply of goods or services illegal per se.
Efficiency Defense 1 Article 9 allows agreements or behaviors that generate increases in economic efficiency and consumer welfare offseting the negative impact on free competition.

References

  1. Own translation of Competition Act, as available at: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21326341~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html; for secondary source analysis in English, see http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21326314~menuPK:2137514~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html
  2. all references are to the Competition Act unless otherwise indicated