Difference between revisions of "El Salvador (December, 2004)"
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''Governed by:'' Competition Law of December 2004.<ref>http://www.minec.gob.sv/leyes/LeydeCompetencia_english_.pdf</ref> | ''Governed by:'' Competition Law of December 2004.<ref>http://www.minec.gob.sv/leyes/LeydeCompetencia_english_.pdf</ref> | ||
Revision as of 14:17, 8 October 2007
Score = 18
Governed by: Competition Law of December 2004.[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 | |||
| Divestitures | |||
| 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 | |||
| 3rd Party Rights in Proceedings | |||
| Merger Notification | Voluntary | ||
| Mandatory | 3 | Article 33 says firms of a certain size must request authorization. | |
| Pre-merger | 2 | Article 33 | |
| Post-merger | |||
| Merger Assessment | Dominance | 1 | Article 33 considers the size of the resulting firm. |
| Restriction of Competition | |||
| Public Interest (Pro D) | 1 | Article 34 talks about consumer benefits as well as market efficiency. | |
| Public Interest (Pro Authority) | |||
| Other | |||
| Efficiency | 1 | Article 34 | |
| Dominance | Limits Access | ||
| Abusive Acts | 1 | Article 30 leaves other possible abusive acts open. | |
| Price Setting | |||
| Discriminatory Pricing | 1 | Article 30(d) | |
| Resale Price Maintenance | |||
| Obstacles to Entry | 1 | Article 30(a) | |
| Efficiency Defense | |||
| 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 | |||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | 1 | Article 25(c) | |
| Supply Refusal | |||
| Efficiency Defense |
