Honduras 2006
From AntitrustWorldWiki
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 | 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 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. | |
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
- ↑ 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
- ↑ all references are to the Competition Act unless otherwise indicated