Difference between revisions of "Panama (2006)"

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'''Score = 21 '''
  
''Governed by:'' Law 29 of February 1, 1996, as amended by Law 9 of February 20,2006 (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:21081222~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:21080815~menuPK:2137516~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html</ref>
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''Governed by:'' Law 29 of February 1, 1996, as amended by Law 9 of February 20, 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:21081222~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:21080815~menuPK:2137516~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html</ref>
  
 
{| class="wikitable"
 
{| class="wikitable"
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| Merger Assessment
 
| Merger Assessment
 
| Dominance
 
| Dominance
| 0
+
| 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.
 
 
 
|-
 
|-
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|  
 
|  
 
| Efficiency
 
| Efficiency
| 0
+
| 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.
 
 
 
|- class="categorydivision"
 
|- class="categorydivision"
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| Limits Access
 
| Limits Access
 
| 1
 
| 1
| Article 14(e) prohibits “unilateral action consisting in refusing to sell or provide, to certain persons, goods or services.”
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| Article 14(5) prohibits “unilateral action consisting in refusing to sell or provide, to certain persons, goods or services.”
 
 
 
|-
 
|-
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| Price Setting
 
| Price Setting
 
| 1
 
| 1
| Article 14(b) prohibits prices setting.
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| Article 11(1) prohibits prices setting.
  
 
|-
 
|-
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| Discriminatory Pricing
 
| Discriminatory Pricing
 
| 1
 
| 1
| Article 8 prohibits discriminatory pricing.
+
| Article 8(7) of the Monopoly Decree of 1998 prohibited discriminatory pricing.<ref>http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/500.pdf</ref> Article 14 of the Competition Act prohibits general discriminatory practices.  
 
 
 
|-
 
|-
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| Resale Price Maintenance
 
| Resale Price Maintenance
 
| 1
 
| 1
| Article 14(b) prohibits resale price maintenance
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| Article 14(2) prohibits resale price maintenance
 
 
 
|-
 
|-
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| Obstacles to Entry
 
| Obstacles to Entry
 
| 1
 
| 1
| Article 14(g) prohibits predatory actions taken to prevent a potential competitor from entering the market.
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| Article 14(7) prohibits predatory actions taken to prevent a potential competitor from entering the market.
 
 
 
|-
 
|-
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| Efficiency Defense
 
| Efficiency Defense
 
| 1
 
| 1
| All the relative monopolistic practices (Articles 8 and 14) can be allowed when they are justified in terms of economic efficiency.
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| 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.
 
 
 
|- class="categorydivision"
 
|- class="categorydivision"
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| Price Fixing
 
| Price Fixing
 
| 1
 
| 1
| Article 11(a) of the Act prohibits price fixing.
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| Article 11(1) of the Act prohibits price fixing.
 
 
 
|-
 
|-
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| Tying
 
| Tying
 
| 1
 
| 1
| Article 14(c) prohibits tying arrangements.
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| Article 14(3) prohibits tying arrangements.
 
 
 
|-
 
|-
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| Market Division
 
| Market Division
 
| 1
 
| 1
| Article 11(c) prohibits market division.
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| Article 11(3) prohibits market division.
 
 
 
|-
 
|-
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| Output Restraint
 
| Output Restraint
 
| 1
 
| 1
| Article 11(b) prohibits output restraint.
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| Article 11(2) prohibits output restraint.
 
 
 
|-
 
|-
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| Market Sharing
 
| Market Sharing
 
| 1
 
| 1
| Article 14(a) prohibits market sharing.
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| Article 14(1) prohibits market sharing.
 
 
 
|-
 
|-
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| Eliminating Competitors
 
| Eliminating Competitors
 
| 1
 
| 1
| Article 14(g) prohibits predatory actions taken to squeeze a competitor out of a market.
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| Article 14(7) prohibits predatory actions taken to squeeze a competitor out of a market.
 
 
 
|-
 
|-
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| Collusive Tendering/Bid-Rigging
 
| Collusive Tendering/Bid-Rigging
 
| 1
 
| 1
| Article 11(d) prohibits bid rigging.
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| Article 11(4) prohibits bid rigging.
 
 
 
|-
 
|-
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| Efficiency Defense
 
| Efficiency Defense
 
| 1
 
| 1
| All the relative monopolistic practices (Articles 8 and 14) can be allowed when they are justified in terms of economic efficiency.
+
| 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.
 
 
 
|}
 
|}

Latest revision as of 17:24, 3 February 2009

Score = 21

Governed by: Law 29 of February 1, 1996, as amended by Law 9 of February 20, 2006 (hereinafter referred to as “Competition Act”)[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2[2] states that the scope of the law extends to all acts or practices having an effect in Panama, regardless of where they develop.
Remedies Fines 1 Article 27 allows for treble damages plus costs and Article 112 dictates fines for various violations of the Act.
Prison Sentences 0
Divestitures 1 Article 26(2) allows total or partial divestitures of improper mergers.
Private Enforcement 3rd Party Initiation 1 Article 142 gives any affected or concerned person the capacity to file a claim.
Remedies Available to 3rd Parties 1 Article 142 allows actions seeking compensation for damages.
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:21081222~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:21080815~menuPK:2137516~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