Venezuela (January 13, 1992)

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Score = 13

Governed by: Law to Promote and Protect the Exercise of Free Competition (Official Gazette N° 34.880 of January 13, 1992)(hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article 49 allows the Commission to fine people for violations of the Act.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 32 says that proceedings can be initiated at the request of a concerned 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 1 Article 11 says that concentrations are prohibited if they create a situation of dominance in the market.
Restriction of Competition 1 Article 11 says that concentrations are prohibited if they restrict competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 13(2) prohibits limiting production and distribution.
Abusive Acts 1 Article 13 prohibits abuse by undertakings in a dominant position.
Price Setting 1 Article 13(1) prohibits price fixing.
Discriminatory Pricing 1 Article 13(4) prohibits imposing unequal prices and conditions for equivalent transactions.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 10(1) prohibits price fixing.
Tying 1 Article 10(5) prohibits tying arrangements.
Market Division 1 Article 10(3) prohibits market division.
Output Restraint 1 Article 10(2) prohibits limiting production.
Market Sharing 0
Eliminating Competitors 1 Article 17 says that policies tending to eliminate competitors are prohibited.
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 18 allows some prohibited restrictive trade practices when they contribute to production and distribution improvements or promote technical or economic progress.

References

  1. Venezuela Competition website, http://www.procompetencia.gov.ve/lppelc-eng.html.