Difference between revisions of "Honduras 2006"

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'''Score = 18 '''
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'''Score = 19 '''
  
 
''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”)<ref>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</ref>
 
''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”)<ref>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</ref>
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| Fines
 
| Fines
 
| 1
 
| 1
| Article 27 allows for treble damages plus costs and Article 112 dictates fines for various violations of the Act.
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| Articles 37-39, 41 deal with fines.  
  
 
|-
 
|-
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| Divestitures
 
| Divestitures
 
| 1
 
| 1
| Article 26(2) allows total or partial divestitures of improper mergers.
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| Article 19(1) allows total or partial divestitures of improper mergers.
  
 
|- class="categorydivision"
 
|- class="categorydivision"
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| 3rd Party Initiation
 
| 3rd Party Initiation
 
| 1
 
| 1
| Article 142 gives any affected or concerned person the capacity to file a claim.
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| Article 49 allows outside parties to file complaints with the authority.
 
|-
 
|-
 
|  
 
|  
 
| Remedies Available to 3rd Parties
 
| Remedies Available to 3rd Parties
 
| 1
 
| 1
| Article 142 allows actions seeking compensation for damages.
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| Article 58 allows all concerned parties to seek damages through civil actions.
 
 
 
|-
 
|-

Revision as of 15:42, 8 July 2008

Score = 19

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 1 Article 20 allow for voluntary notification of concentrations.
Mandatory 0
Pre-merger 2 Article 20 allows for voluntary notification of concentrations before realization. The Competition Authority has 3 years to challenge any realized concentrations of which it was not voluntarily notified beforehand (Article 22).
Post-merger 0
Merger Assessment Dominance 1 Article 25(2) mandates that market power and degree of concentration be taken into account when determining which concentrations shall be challenged or sanctioned.
Restriction of Competition 1 Article 19 prohibits mergers that have the effect of impeding competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 19 allows for an efficiency defense if the concentration would yield certain benefits like increasing the production or distribution of goods and services, promoting technical or economic progress or driving the competitive development of an industry or sector.
Dominance Limits Access 1 Article 14(5) prohibits “unilateral action consisting in refusing to sell or provide, to certain persons, goods or services.”
Abusive Acts 0
Price Setting 1 Article 11(1) prohibits prices setting.
Discriminatory Pricing 1 Article 8(7) of the Monopoly Decree of 1998 prohibited discriminatory pricing.[3] Article 14 of the Competition Act prohibits general discriminatory practices.
Resale Price Maintenance 1 Article 14(2) prohibits resale price maintenance
Obstacles to Entry 1 Article 14(7) prohibits predatory actions taken to prevent a potential competitor from entering the market.
Efficiency Defense 1 Article 4-A allows for a defense if the act, agreement, partnership, association or contract gives rise to increased economic efficiency and is not detrimental to the consumer.
Restrictive Trade Practices Price Fixing 1 Article 11(1) of the Act prohibits price fixing.
Tying 1 Article 14(3) prohibits tying arrangements.
Market Division 1 Article 11(3) prohibits market division.
Output Restraint 1 Article 11(2) prohibits output restraint.
Market Sharing 1 Article 14(1) prohibits market sharing.
Eliminating Competitors 1 Article 14(7) prohibits predatory actions taken to squeeze a competitor out of a market.
Collusive Tendering/Bid-Rigging 1 Article 11(4) prohibits bid rigging.
Supply Refusal 0
Efficiency Defense 1 Article 4-A allows for a defense if the act, agreement, partnership, association or contract gives rise to increased economic efficiency and is not detrimental to the consumer.

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
  3. http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/500.pdf