Difference between revisions of "Honduras 2006"

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Revision as of 09:59, 9 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 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 0
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
Tying
Market Division
Output Restraint
Market Sharing
Eliminating Competitors
Collusive Tendering/Bid-Rigging
Supply Refusal
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