Panama (1996, 1998)
From AntitrustWorldWiki
Score = 18
Governed by: Law 29 of February 1, 1996, whereby rules on the Protection of Competition are established and other measures are adopted (hereinafter referred to as “Competition Act”)[1] and Executive Decree No. 31 of September 3, 1998 on Regulations of Title I (monopoly) and other provisions of Law 29 (hereinafter referred to as “Monopoly Decree”). [2]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 112 allows fining for various violations of the Act.[3] |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 26 allows Commission to divest improper mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 142 gives any concerned person the capacity to file a claim.[4] |
| Remedies Available to 3rd Parties | 1 | Article 142 allows actions seeking compensation for damages.[5] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 1 | Chapter III of the Competition Act and Article 14 of the Monopoly Decree allow for voluntary notification of concentrations. |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 1 | Article 14 of the Monopoly Decree states that voluntary notification does not preclude companies from continuing in the concentration pending a decision by the Authority. | |
| Merger Assessment | Dominance | 0 | |
| 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 | 0 | ||
| Dominance | Limits Access | 1 | Article 14(e) prohibits “unilateral action consisting in refusing to sell or provide, to certain persons, goods or services.” |
| Abusive Acts | 0 | ||
| Price Setting | 1 | Article 14(b) prohibits prices setting. | |
| Discriminatory Pricing | 1 | Article 8(7) of the Monopoly Decree prohibits discriminatory pricing. | |
| Resale Price Maintenance | 1 | Article 14(b) prohibits resale price maintenance | |
| Obstacles to Entry | 1 | Article 14(g) prohibits predatory actions taken to prevent a potential competitor from entering the market. | |
| Efficiency Defense | 1 | All the relative monopolistic practices (Articles 8 and 14) can be allowed when they are justified in terms of economic efficiency. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 11(a) of the Act prohibits price fixing. |
| Tying | 1 | Article 14(c) prohibits tying arrangements. | |
| Market Division | 1 | Article 11(c) prohibits market division. | |
| Output Restraint | 1 | Article 11(b) prohibits output restraint. | |
| Market Sharing | 1 | Article 14(a) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 14(g) prohibits predatory actions taken to squeeze a competitor out of a market. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 11(d) prohibits bid rigging. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | All the relative monopolistic practices (Articles 8 and 14) can be allowed when they are justified in terms of economic efficiency. |
References
- ↑ Own translation of Competition Act, as available at: http://www.sice.oas.org/compol/natleg/Panama/L29.asp
- ↑ Own translation of Monopoly Decree, as available at: http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/500.pdf
- ↑ FTAA report, Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere, March 22, 2002, http://www.ftaa-alca.org/ngroups/NGCP/Publications/domlaws_e.asp
- ↑ FTAA report, Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere, March 22, 2002, http://www.ftaa-alca.org/ngroups/NGCP/Publications/domlaws_e.asp
- ↑ Id
