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Map showing North America


 
North & Central America and the Caribbean
Antigua & Barbuda Guatemala
Bahamas Honduras
Barbados Jamaica
Belize Mexico
Bermuda Nicaragua
Canada Panama
Cayman Islands Trinidad and Tobago
Costa Rica United States of America
Cuba  
Curacao
Dominica
Dominican Republic
El Salvador

 

   

Antigua & Barbuda (Last Updated 12/05/09)

All North American Countries

 

Overview
(General Information)

The Protection Against Unfair Competition Bill, passed in 2001, domestically regulates competition policy in Antigua and Barbuda. At a regional level, the country is signatory to Protocol VIII revising the CARICOM Treaty (not yet adopted), which provides for the enactment and harmonization of competition policy legislation in CARICOM member States.


Legislation
(Legal Acts-Regulations-Resolutions)

The Protection Against Unfair Competition Bill of 2001:

Protection against unfair competition has been reinstated as being an essential element in safeguarding intellectual property in Article 2 of the TRIPS Agreement. This has placed an obligation on the Member States to comply with Article 10 (bis) of the Paris Convention. The new Protection against Unfair Competition Bill establishes a right to protection against acts of unfair competition. Article 39 ofTRIPS has been incorporated in the Bill. As soon as valuable secret information is disclosed to the public without the consent of the right holder, the latter risks losing the economic value of that information, including both its licensing value and its competitive value. Absolute secrecy is not a requirement. The information is
considered secret as long as it is not generally known or readily accessible to persons within the circles that normally deal with that kind of information. Exceptions are also provided for.

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
Prime Minister's Statement to the Nation
News Recent News
Contact Information No information available
Competition Authority Website(s) No information available
   

Bahamas (Last Updated 12/05/09)

All North American Countries
Overview
(General Information)

No information available

 

Legislation
(Legal Acts-Regulations-Resolutions)

No information available

 

Guidelines

No information available

 

Forms

No information available

 

Co-operation Agreements and Treaties No information available
Selected Cases  
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

No information available

 

News

No information available


Contact Information Bahamas National Sources of Information
Competition Authority Website(s)

No information available

 

   

Barbados (Last Updated 12/05/09)

All North American Countries
Overview
(General Information)

About the Fair Trading Commission

Overview of the Fair Competition Act

The Fair Competition Act came into force on January 3, 2003.

It is designed:

  • to promote and maintain competition;
  • to prohibit the prevention, restriction, or distortion of the competition and abuse of dominant positions in trade in Barbados and within the CARICOM Single Market and Economy;
  • to ensure that all enterprises; irrespective of size, have the opportunity to participate equitably in the market place;
  • to enhance economic efficiency in production; trade and commerce;
  • to promote the welfare and interests of consumers; and
    for connected matters.

This Act, which is enforced by the Fair Trading Commission, allows the Commission responsibilities which include;

  • promote and maintaining fair competition;
  • the power to carry out investigations;
  • the ability to take any necessary action to prevent the abuse of a dominant position, to eliminate anti-competitive agreements, and to prevent of control mergers;
    advising the Minister on such matters relating to the operation of the Act; and
    the ability to carry out any other functions that are required to give the Act effect.

by the Fair Trading Commission

 

Legislation
(Legal Acts-Regulations-Resolutions)


Fair Trading Commission Act

Utilities Regulation Act

Fair Competition Act

Telecommunications Act

Consumer Protection Act

Guidelines

ICN Anti-Cartel Enforcement Template

Merger Guidelines (2007)

Mergers: Answers to your Questions

Authorisation Procedures

Guidelines for Regulatory Hearings

Abuse of Dominance

Fair Trading Commission Guide to Anti-Competitive Conduct, October 3, 2003

Fair Trading Commission Guide to Authorisation of Anti-Competitive Conduct October 3, 2003

 

Forms

Fair Trading Commission Merger Notification Form A

Fair Trading Commission Merger Clearance Form B

 

Co-operation Agreements and Treaties No information available
Selected Cases Decisions and Orders
Press Releases

Fair Trading Commission News Releases

 

Annual Reports

2007 FTC Annual Report

 

Publications
(Papers-Reports- Speeches-Bulletins)

Publications

 

News Fair Trading Commission News
Contact Information

Fair Trading Commission
Manor Lodge
Lodge Hill
St. Michael
BARBADOS

Consumer Complaints Line: (246) 421 2FTC
Tel: (246) 424 0260
Fax:(246) 424 0300
E- mail:
General inquiries: info@ftc.gov.bb
Webmaster: webmaster@ftc.gov.bb
Website: www.ftc.gov.bb

Competition Authority Website(s) Fair Trading Commission
   
Belize (Last Updated 12/05/09)

All North American Countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

No competition law yet in force

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases

No information available

 

Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News

1 February 2008: Caribbean Commission makes plea to member states

The Caribbean Community's recently launched competition commission is already struggling, according to the community's secretary general. Says Edwin Carrington, the secretary general: "Some member-states have not fully met their obligations to contribute to the first year's annual operating costs of the commission." The comments were part of a speech to the community's council for trade and economic development on 25 January.

For the community's commission to fully function, member states must enact the relevant competition law, he says. "Many member states are still to fulfil this requirement." Of the community's 13 member states, Antigua and Barbuda, Belize, Dominica, Grenada, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines are yet to fully enact the requirements of the community. Because the community does not have supra-national legislative power, unlike the EU, the commission cannot function until each member state has made its determinations enforceable in their own jurisdictions.

Contact Information

No information available

 

Competition Authority Website(s)

No information available

 

   

Bermuda (Last Updated 12/05/09)

All North American Countries
Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

No competition law yet in force

Consumer Protection Act 1999

PART III
UNFAIR BUSINESS PRACTICES

11 Unfair business practices
12 Unfair business practices prohibited
13 Remedies
14 Order to cease unfair business practice
15 Order for immediate compliance
16 Appeal from decision of Minister
17 Assurance of voluntary compliance
18 Investigations by order of Minister
19 Offences

Bermuda Customs Tariff Amendment Act 2005

 

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases Press Release regarding customs valuation rules
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News No information available
Contact Information

The Department of Consumer Affairs

Ingham & Wilkinson Building
129 Front Street
Hamilton, HM 12
Bermuda

Tel: (441) 297-7627
Fax: (441) 295-6892
Email: consumers@gov.bm
Complaints: ca_complaints@gov.bm

Competition Authority Website(s) No information available
   

Canada (Last Updated 22/03/10)

All North American Countries

Overview
(General Information)

The Competition Act is a federal law of general application governing most business conduct in Canada. Its purpose is to mantain and encourage competition in Canada and provide consumers with competitive prices and product choices.
The Commissioner of Competition, who heads the Competition Bureau, is responsible for the enforcement and administration of the Competition Act. The Commissioner has full independence in the conduct and disposition of inquiries under the Competition Act.
The Bureau conducts its work in five main areas.
First, it has powers under the Competition Act to investigate anti-competitve activities that range from price fixing and bid-rigging to misleading advertising; the Competition Act contains provisions dealing with criminal offences and civil reviewable matters. Stiff penalties, such as fines and/or prison time can be imposed upon those who choose to engage in anti-competitive behaviour.
Second, the Bureau reviewed proposed mergers to ensure they do not lead to a substantial lessening or prevention of competition.
Third, the Bureau plays the role of marketplace referee, drawing the line between anti-competitive conduct and vigorous competition.
Fourth, through public education, the Bureau informs companies of their obligations under the Competition Act and ensures that consumers have the accurate information they need to make informed decisions.
Finally, the Bureau promotes and advocates greater competition. The Bureau has a statutory right to make interventions and independent representations in respect of competition.
To ensure both effective enforcement of and continued compliance with the Competition Act, the Bureau needs to remain on top of technological change, industry trends, and consumers and business issues. This is particularly relevant for merger review, which is prospective and requires an in-deph understanding of where an industry is heading. It is also true in the context of other critical priorities - investigating criminal cartels and deceptive telemarketing - activities that frequently trascend national borders.

by Sheridan Scott, Commissioner of Competition, Competition Bureau, Euromoney Competition and Antitrust Review 2005

Amended provisions of the Competition Act come into force - 12 March 2010

Competition Bureau Operating Principles

*Update* 13 May 2008 - Parliament is once again considering a proposal to make significant amendments to the Competition Act. A second reading in Parliament of the private member's bill (Bill C-454)introduced by Bloc Québécois MP Roger Gaudet last October has been given, and will now move to Committee for debate. It contains many significant and controversial changes such as:

  • enabling the Commissioner to commence an inquiry into an entire industry sector whenever she "has reason to believe that grounds exist" for doing so;
  • removing the word "unduly" from section 45 (thus turning agreements with any negative impact on the named aspects of commerce or competition into per se criminal offences) but introducing a reverse onus defence if the accused can establish that the agreement is "reasonably necessary to attain gains in efficiency or encourage innovation";
  • increasing the maximum fine under section 45 from $10 million to $25 million;
  • deleting the criminal prohibitions against price discrimination and predatory pricing (thus making them amenable of redress only under the civil abuse-of-dominance provision).

(Source: Mondaq)

Legislation
(Legal Acts-Regulations-Resolutions)

The Competition Act, Chapter C-34

Bill C-454 intoducing amendments to Competition Act:Bill introduced in October 2007 by Bloc Québécois MP Roger Gaudet has been given a second reading in Parliament and will now move to Committee for debate. Hearings before the House Standing Committee on Industry, Science and Technology have not yet been scheduled.

Bill C-19, An Act to amend the Competition Act and to make consequential amendments to other Acts
Bill C-19 was first introduced in the House of Commons in November 2004 and is currently under review by the Standing Committee on Industry, Natural Resources, Science and Technology.

The Competition Tribunal Act R.S.C. 1985 (2nd Supp.), c.19

Competition Tribunal Rules, SOR/87-373, SOR/94-290, SOR/96-307 and SOR/2000-198

Amendments to the Competition Tribunal Rules, SOR/2002-62

Bill C-23 (2001)
-- An Act to Amend the Competition Act and the Competition Tribunal Act - Legislative Summary

-- News Release - October 11, 2001

1. The Competition Act

Competition Act Regulations:

Regulations Respecting Anticompetitive Acts of Persons Operating a Domestic Service

Regulations Respecting Notifiable Transactions Pursuant to Part VIII of the Competition Act

Previous Consultations on the Competition Act

Subject matters related to amendments to the Competition Act

 

2. The Consumer Packaging and Labelling Act and Regulations

Regulations

Guide to the Consumer Packaging and Labelling Act and Regulations

 

3. The Textile Labelling Act

Regulations

Guide to the Textile Labelling Act and Advertising Regulations

 

4. The Precious Metals Marking Act and Regulations

Regulations

Guide to Precious Metals Marking Act and Regulations

 

Guidelines

Competition Bureau Enforcement Guidelines

Merger Enforcement Guidelines (2004)

 

 

 

Forms

Enquiry/Complaint Form
Users may request information or submit their complaints against organizations that adopt business practices which may be in violation with the 4 acts administered by the Competition Bureau.

Notiable Transactions
Short Form
Long Form
The Notifiable Transactions provisions in Part IX of the Competition Act require that parties notify the Competition Bureau in advance of certain transactions when they are of a specified type, exceed certain thresholds and are not subject to any exemptions.

CA Application Form
Canadian textile retailers, wholesalers, manufacturers and importers are allowed to register for a CA Number. Canadian textile companies use this number to meet provisions of the Textile Labelling Act which require prescribed consumer textile articles to be labelled with the identity of the person by or for whom it was made.

Co-operation Agreements and Treaties Co-operation Agreements and Treaties

European Union

Framework Agreement for commercial and economic cooperation between the European Communities and Canada - Council Regulation (EEC) No. 2300/76 of 20 September 1976

Agreement between The Government of Canada and the European Communities Regarding the Application of Their Competition Laws

Korea

Cooperation Arrangement Between the Commissioner of Competition, Competition Bureau of the Government of Canada and the Fair Trade Commission of the Government of the Republic of Korea Regarding the Application of their Competition and Consumer Laws

Japan

Agreement Between the Government of Canada and the Government of Japan Concerning Cooperation on Anticompetitive Activities

USA

Agreement between the Government of Canada and the Government of the United States of America on the Application of Positive Comity Principles to the Enforcement of their Competition Laws

Agreement between the Government of Canada and the Government of the United States of America Regarding the Application of Competition and Deceptive Marketing Practices Laws

Cooperation Arrangement between the Commissioner of Competition, Competition Bureau of the Government of Canada, and the United States Postal Inspection Service, Regarding the Application of their Deceptive Marketing Practices Laws

U.S. - Canadian Task Force on Cross-Border Deceptive Marketing Practices

Mexico

Agreement between the Government of Canada and the Government of the United Mexican States Regarding the Application of their Competition Laws

Australia & New Zealand

Cooperation Arrangement Between the Commissioner of Competition (Canada), the Australian Competition and Consumer Commission and the New Zealand Commerce Commission Regarding the Application of their Competition and Consumer Law

United Kingdom

Cooperation Arrangement Between the Commissioner of Competition (Canada) and Her Majesty's Secretary of State for Trade and Industry and the Office of Fair Trading in the United Kingdom Regarding the Application of their Competition and Consumer Laws

Chile

Memorandum of Understanding Between the Commissioner of Competition (Canada) and the Fiscal Nacional Economico (Chile) Regarding the Application of their Competition Laws

Canada-Chile Free Trade Agreement, Chapter J, Competition Policy, Monopolies and State Enterprises

Costa Rica

Canada - Costa Rica Agreement Could Provide Framework for Competition Policy in FTAA

 

 

 

Selected Cases

Law and litigation (Various cases)

Competition Tribunal List of Applications

 

Press Releases

Budget Implementation Act receives Royal Assent - 13 March 2009

Competition Bureau News and resources

Annual Reports

Competition Bureau Annual Reports

Annual Report 2004-2005

Annual Report 2003-2004

Annual Report 2002-2003

Annual Report 2001-2002

Annual Report 2000-2001

OECD

Annual Report on Competition Policy Developments - 2004/2005

Annual Report on Competition Policy Developments - 2003/2004

Annual Report on Competition Policy Developments - 2002/2003

Annual Report on Competition Policy Developments - 2001/2002

Economic Survey of Canada 2004: Product market competition and macroeconomic performance by OECD

Competition Law and Policy in 2004-2005

Competition Law and Policy in 2003-2004

Competition Law and Policy in 2002-2003

Competition Law and Policy in 2001-2002


FTAA

Report on Development and enforcement of Competition Policy and Laws- FTAA(Free Trade Area of Americas)- January/2003

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

 

Publications
(Papers-Reports- Speeches-Bulletins-letters)

Competition Bureau

Bulletins

Speeches

Pamphlet series

Request for public comments

Discussion Paper

Performance Management Reports

Reports (studies commissioned by the Bureau from independent experts or a specific Branch within the Bureau)

International Documents

Launch of negotiations between the Government of Japan and the Government of Canada Regarding a Cooperation Agreement on Competition

Articles

Gavin Murphy is a lawyer with the Deparment of Justice of Canada's International Cooperation Group. He can be reached at: gmurphy@justice.gc.ca

Murphy, G, Canada's Commissioner of Competition Remains in Control, [2007] E.C.L.R. 700

Murphy, G, Acquisition Hungry Premier Swallows RHM, [2007] E.C.L.R. 433

CFI Signals Possible Extension of Professional Privilege to In-house Lawyers, (2004) E.C.L.R. 447.

Cartel? What Cartel?, (2004) E.C.L.R. 679.

Murphy, G, OFT Publishes Consultation Paper on Investigating Criminal Cartels, [2003] ECLR 549.

BA's Reduction of Booking Payments to Travel Agents Not Abusive Behaviour, says OFT [2003] E.C.L.R. 410.

Murphy, G, Procedure for Determining Solicitor-Client Privilege Claims Deemed Unconstitutional by Supreme Court of Canada, [2003] E.C.L.R. 251.

Murphy, G, Director General's £1.33 Million Fine for Predatory Pricing Set Aside for Now

Responding to the Challenges of a Globalised Marketplace (2002) E.C.L.R. 227

Murphy, G, Level Playing Field in Britain's Professions High on OFT and Government Agenda (2002) ECLR 7

Murphy, G, The Innocence at Stake Test and Legal Professional Privilege: A Logical Progression for the Law…But Not in England

Murphy, G, Canada, Australia, and New Zealand Competition Authorities Sign Cooperation Arrangement (2001) ECLR 322

Murphy, G, Is it Time to Rebrand Canada’s Regulated Conduct Defence? (2001) ECLR 208

Murphy, G, The Competition Bureau’s Conformity Continuum: A Menu of Instruments to Enhance Marketplace Compliance with the Competition Act (2000) 20:2 CAN. COMP. REC. 5.

Murphy, G, An Overview of Ukranian Competition Law (2000) ECLR 415

Murphy, G, New Era Dawns for UK Competition Law on March 1, 2000 (2000) 19:4 CAN. COMP. REC. 42.

Murphy, G, Canadian Draft Immunity information Bulletin released in February (2000) ECLR 326

Murphy, G, A Proposed Strategy to Settle Legal Professional Privilege Claims Under the Competition Act 1998 (2000) ECLR 180

Murphy, G, Comparative Study of the solicitor-Client Privilege Doctrine under Canada's Competition Act and EC Competition Law Rules (1999) ECLR 185

Online Publications (by McMillan Binch Mendelsohn)

 

 

News

What's New

Competition Bureau News Room

Current Activities at the Competition Tribunal

 

Contact Information

Competition Bureau
Industry Canada
50 Victoria Street
Gatineau, Québec K1A OC9
CANADA

Tel: (1819) 997 4282
Toll free: (1800) 348 5358
TDD (hearing impaired): (1800) 642 3844
Fax: (1819) 997 0324
E-Mail: compbureau@cb-bc.gc.ca

The Competition Tribunal
Thomas D'Arcy McGee Building
90 Sparks Street, Suite 600
Ottawa, Ontario
K1P 5B4
Canada

Telephone +1 613 957-3172 (general information)
Fax +1 613 957-3170 (administration)
+1 613 952-1123 (document filing)
Email:mailto: tribunal@ct-tc.gc.ca

 

Competition Authority Website(s)

Competition Bureau

The Competition Tribunal


   

Cayman Islands (Last Updated 12/05/09)

All North American Countries
Overview
(General Information)

No information available

 

Legislation
(Legal Acts-Regulations-Resolutions)
No competition law yet in force
Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News No information available
Contact Information No information available
Competition Authority Website(s) Cayman Island Government Website - Finance and Economics
   

Costa Rica(Last Updated 12/05/09)

All North American Countries

 

Overview
(General Information)

Costa Rica has developed its own competition law and enforcement regime. The economy in Costa Rica is characterised by the existence of important public service monopolies that operate in the telecom, energy, oil and gas sectors.

Law No. 7472 establishes that its objectives are:

Effectively protect the rights and legitimate interests of the consumer;
Monitoring and promotion of the process of competition and free enterprise.

Article 1, referred to above, establishes the following objectives, with a view to achieving the purpose of promoting competition:

- The prevention and prohibition of monopolies, monopolistic practices, and other restraints on efficient market operation;


- The elimination of unnecessary regulations affecting business. (Article 1)


Legislation
(Legal Acts-Regulations-Resolutions)

1. Political Constitution of the Republic, Article 46.

2. Law No. 7472 on Promotion of Competition and Effective Consumer Defense of December 20, 1994. Published in the Federal Register of January 19, 1995.

Ley No 7472. Promocion de la Competencia y Defensa del Consumidor (in Spanish).

3. Unforeseen circumstances may, in addition, be subject to provisions of the General Law No. 6227 on Public Administration of May 2, 1978. Published in the Federal Register of May 30, 1978 (hereinafter referred to as "General Law").

4. Executive Decree No. 25234-MEIC, containing the Regulations of the Law on Promotion of Competition and Effective Consumer Defense, 25 January 1996. Published in the Federal Register on July 1, 1996 (hereinafter referred to as "Regulations").

5. Law No. 3367 on the Regulation of Judicial Proceedings: Executive Act of 12 March 1966. Published in the Federal Register on April 17, 1966 (hereinafter referred to as the "Regulations Law").

6. Law No. 7983 on Protection to Workers, February 16, 2000 (article 47).

Otras leyes que le atribuyen competencia y funciones al MEIC son:

Ley Nº 5292, Ley del Sistema Internacional de Medidas del 9 de Agosto de 1973.
Ley Nº 3284, Código de Comercio del 11 de Marzo de 1970.
Ley Nº 8262, Ley de Fortalecimiento de las Pequeñas y Medianas Empresas del 17 de Mayo del 2002.
Ley Nº 2426, Ley de Protección al Desarrollo Industrial del 3 de Setiembre de 1956 y sus reformas.
Ley Nº 6812, Ley de Reestructuración del Poder Ejecutivo del 11 de Setiembre de 1982.
Ley Nº 7017, Ley de Incentivos a la Producción Industrial de diciembre de 1985.
Ley Nº 8279, Sistema Nacional para la Calidad del 21 de Mayo del 2002.
Ley Nº 8220, Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos del 11 de Marzo del 2002.

 

Guidelines

Guia de competencia (in Spanish)

Denuncias (in Spanish)

 

Forms No information available
Co-operation Agreements and Treaties

Convenios (Co-operation agreements in Spanish)

Costa Rica is among the countries which have a competition law but which are not a party to any bilateral or multilateral agreement with the EU relating to competition matters. However, the Commission regularly discusses competition issues with such countries in multilateral forums such as the International Competition Network, the WTO, UNCTAD, or the OECD Global Forum on Competition, and ad hoc bilateral contacts on competition-related subjects are also possible.

Selected Cases

Costa Rica’s competition authority fines Coca-Cola:

The benefits of competition policy are not always clear to the average consumer. But people in Costa Rica noticed when a competition authority ruling forced Coca-Cola makers to change their practices. The highly visible case is helping to build political will to tighten the legislation.

Press Releases

No information available

Annual Reports

The national report on Costa Rica on needs and priorities in the area of competition policy (prepared during phase I) identified a number of potential anti-competitive practices associated with certain publicly-owned monopolies. It was argued that difficulties in tackling the latter have also frustrated the spread of a competition culture in Costa Rica.

COMPAL Global Annual Report 2005, COMPAL Programme: Projects for Bolivia, Costa Rica, El Salvador, Nicaragua and Peru (01/05/06)

Report on Development and enforcement of Competition Policy and Laws- FTAA(Free Trade Area of Americas)- January/2003

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

 

Publications
(Papers-Reports- Speeches-Bulletins)

Bulletins (in Spanish)

Memoria Ministerio de Economía Industria y Comercio, Documentos de Consulta

Monthly Bulletin

 

 

News No information available
Contact Information Ministerio de Economía Industria y Comercio, MEIC (in Spanish)
Residencial Los Colegios, Moravia, Edificio del IFAM.

San José, Costa Rica
Tel: +506 235-82-22 ó +506 235-27-00
Fax +506 236-7281
E-mail: uie@meic.go.cr
Competition Authority Website(s)

Ministerio de Economía Industria y Comercio, MEIC

   

Cuba (Last Updated 12/05/09)

All North American Countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)
No individual competition law yet in force. Certain provisions on unfair competition exist in the Decree Law No. 68, for patents (May 1983).
Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

No information avaliable

News No information available
Contact Information

The Ministry of the Economy and Planning (website under construction)
20 de Mayo e/. Territorial y Ayestarán. Plaza de la Revolución.
Tel: 881 8789
E-mail: mep@ceniai.inf.cu

 

Competition Authority Website(s) No information available
   
Curacao (Last updated 12/05/09)

All South American countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

No competition law yet in force

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News No information available
Contact Information

No information available

 

Competition Authority Website(s)

No information available

 

   

Dominica (Last Updated 12/05/09)

All North American Countries

 

Overview
(General Information)
No information available
Legislation
(Legal Acts-Regulations-Resolutions)

No legislation yet in force

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News No information available
Contact Information No information available
Competition Authority Website(s) No information available
   

Dominican Republic (Last updated 12/05/09)

All North American Countries

 

Overview
(General Information)
To protect the exercise of free enterprise, trade, and industry; to prohibit monopolies of private corporations; and to authorize the state to retain authority to exercise certain economic and strategic activities. (Constitution, Article 8.12).

To impose penalties in cases where free enterprise or competition is threatened by acts of price-fixing, rumor-spreading, or collusion among business executives. (Criminal Code, Articles 419 and 420).

To protect consumers through a policy of price control for certain basic articles and services, and through measures to protect them against arrangements or conspiracy to set false prices. (Law No. 13 of 1963).

 

Legislation
(Legal Acts-Regulations-Resolutions)

Dominican Republic is in the process of adopting a competition law

Bill on a Market Administration Code (forthcoming)

1. Constitution of August 14, 1994. Article 8.12 (In Spanish) on free enterprise and establishment of monopolies in favor of the state or as provided in law.
2. Criminal Code. Articles 419 and 420.
3. Law No. 770 of October 26, 1934.
4. Law No. 13 of 1963. Articles 12 and 13.


Guidelines

No information available

 

Forms No information available
Co-operation Agreements and Treaties

Dominican Republic - Central America - United States Free Trade Agreement (DR - CAFTA) Implementation Act, Public Law 109-53-Aug. 2, 2005

Selected Cases No information available
Press Releases No information available
Annual Reports Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002
Publications
(Papers-Reports- Speeches-Bulletins)

Statement regarding the entry into force of DR-CAFTA for the Dominican Republic, 1 March 2007

FTAA – Consultative Group on Smaller Economies: Dominican Republic - Technical Assistance to Develop Technical Capacities in Competition Policy

News

General News (unstable site)

Contact Information

Secretaria de Estado de Industria y Comercio
Av. Mexico esq. Leopoldo Navarro, Edificio de Oficinas
Gubernamentales Juan Pablo Duarte, 7mo. Piso Santo Domingo

Republica Dominicana
Tel: (809) 685-5171

Fax: (809) 686-1973
E-mail: industria.c@codetel.net.do

 

Competition Authority Website(s)

Secretaria de Estado de Industria y Comercio

 

   
El Salvador (Last Updated12/05/09) All North American Countries
Overview
(General Information)

No information available

Legislation
(Legal Acts-Regulations-Resolutions)

Competition Law, Decree No. 528 of December 2004 (In English).

El Salvador will establish the Competition Superintendence during the implementation of COMPAL.

Legislative decree 528 of 22 December 2004 (in Spanish) (in English)This decree promulgates the Law of Competition, which intends to promote, protect and guarantee the competition, through prevention and elimination of anti-competitive practices of any kind which may limit or restrict the competition or prevent the access to the market to any economic agent; it deals with general provisions; superintendence of competition; anti-competitive practices; violations and sanctions, procedures and resources; final and transitory provisions. Repeals several provisions contained in article 57 of the above mentioned Law. It will become in force on 1 January 2006. This decree was issued on 26 November 2004. (58 articles; pp.5-14)

The foundation of the competition law of El Salvador can be found in its constitution. Article 110 of the Constitution of El Salvador stipulates that monopolies are prohibited unless they are established in favour of the government or are in the public interest. There is a draft Economic Competition Law which aims to develop the constitutional provision. The draft law proposes that a Commission for the Defence of Free Competition be established. The bill also stipulates that mergers that significantly hinder or lessen competition will be restricted and will require authorisation by the competent authority.

1. Constitution of El Salvador, Article 110, promulgated by Decree No. 38 dated December 15, 1983.

2. Commercial Code Articles 489, 490 and 491 promulgated by Legislative Decree No. 671 dated May 8, 1970

3. Criminal Code Article 232 promulgated by Legislative Decree No. 1030 dated April 30, 1997.

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases

October 2006: With respect to consumer protection, as a result of the high priority given to it by the Government, a Consumer Protection Presidential Commission was established with the purpose of protecting consumers' rights, a function that will be made easier once proposed amendments to the consumer protection law are passed that will allow the Commission, among others, to impose sanctions

For more information, please refer to the COMPAL website

 

Annual Reports

The national report on needs and priorities in the area of competition policy in El Salvador (prepared under phase I) identified potential abuses of dominant position in cement (where prices are among the highest in the region). In the market for beer, a single firm supplies the entire national market, managing twenty different brands and the nationwide distribution system for beer. Concerns have also been raised about potential price fixing in the markets for petroleum and sugar. Finally, small and medium-size enterprises have complained about being the target of other anti-competitive practices, including predatory pricing. Concerns have also been raised about the pricing behaviour of recently privatized firms. In the power sector, a recent study by ECLAC found high levels of concentration in the generation and distribution stages.

COMPAL Global Annual Report 2005, COMPAL Programme: Projects for Bolivia, Costa Rica, El Salvador, Nicaragua and Peru (01/05/06)

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

 

Publications
(Papers-Reports- Speeches-Bulletins)

A Pro-Market Agenda For EL SALVADOR by Eduardo Engel, December 2003.

2009 Investment Climate Statement - El Salvador

News  
Contact Information Ministerio de Economía El Salvador
Alameda Juan Pablo II y
Calle Guadalupe Edificio C1 - C2,
Centro de Gobierno, San Salvador,
El Salvador, C.A.
Teléfono: +(503) 281-1122
Fax : + (503) 221-5446

Competition Authority Website(s)

Comisión de Fomento de la Competencia (Asamblea Legislativa)

 

   
Guatemala (Last updated 12/05/09) All North American Countries
Overview
(General Information)

The objectives of the regulations relating to competition policy are as follows:

To prevent practices that lead to the excessive concentration of goods or means of production, and to prohibit monopolies and privileged relationships. (Articles 119 paragraph (h) and 130 of the Constitution)

To penalize illegal actions that threaten injury to the national economy, or that involve monopolies and speculation. (Articles 340 and 341 of the Criminal Code).

To regulate in matters relating to the freedom of contract and to unfair competition. (Articles 361 and 362 of the Commercial Code)

 

Legislation
(Legal Acts-Regulations-Resolutions)

1. The Political Constitution of the Republic of Guatemala, Articles 39, 43, 118, 119 paragraph h), 130.
2. The Commercial Code, Congressional Decree 2-70, Articles 361, 362, 363, 364, 365, 366, and 367.
3. Criminal Code, Congressional Decree No. 17 - 73, Articles 340, 341, and 343. 4. Consumer Protection Law, (Executive Order 1-85).
5. Industrial Property Law, (Decree 57-2000).
6. General Telecommunications Law. Decree No. 94-96 (Amendments, Decree No. 115 - 97).
7. Electricity Law (Decree. 93 - 96)

Competition Legislation in Guatemala by Dr. Carlos Castañeda (In Spanish)

(The Political Constitution of the Republic of Guatemala, Articles 39, 43, 118, 119 paragraph (h), 130 (In Spanish)

Bill on Free Competition (forthcoming)

Mergers and Acquisitions in the legislation of Guatemala

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002
Publications
(Papers-Reports- Speeches-Bulletins)
No information available
News No information available
Contact Information

Ministerio de Economia
Direccion de Promocion de la Competencia
8a. Av 10-43 Zona 1
Guatemala, CA. 1001
Guatemala
Tel: + (502) 238 3330 al 9

Competition Authority Website(s)

Comisión de Economía y del Consumidor del Congreso (website down)

 

 

 

 

 

 

 
Honduras (Last updated 12/05/09) All North American Countries
Overview
(General Information)

Competition Law and Policy


Recognizing the benefits of a competition law and policy, the Government of Honduras has engaged in significant efforts to adopt a competition law. Substantial initial efforts began in 2001, with renewed interest and activity in 2003. Since the end of 2003, momentum has increased significantly. The well-publicized anticompetitive practices in the cement sector during the past year, combined with pressures created by CAFTA preparations and related internal and external concern about the lack of a competition law, have all driven forward the process of adopting a competition law. In September 2004, a draft competition law was “officiated” and submitted to the Economics Committee of the Legislative Assembly. It is anticipated that this draft law will be voted on before the end of 2004.
Honduras enacted the country's first competition law in 2006. Law no. 357-2005 was enacted on December 16, 2005 and came into effect on February 4, 2006. The Competition Law regulates against predatory pricing and other monopolistic practices in Honduras.



Legislation
(Legal Acts-Regulations-Resolutions)

Law for the defense and promotion of competition (Ley para la defensa y promocion de la competencia), Law no. 357-2005 (In Spanish)

Propuesta de Ley de Defensa y Promocion de la Competencia (Draft Bill on Competition Promotion) (In Spanish)

Política para el apoyo a la competitividad de las MIPYMES

Protección al Consumidor, Acuerdo No. 264-89

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)

Estudio Sobre los Servicios Ambientales en Honduras con Vistas a la Formulacion de posiciones nacionales de negociacion post-DOHA

Strengthened M&A and antitrust legislation. by Dennis Matamoros Batson and Paul Handal.

News

No information available


Contact Information No information available
Competition Authority Website(s) Secretaría de Industría y Comercio

 

 

 

 

 

 

 

Jamaica (Last Updated 12/05/09)

All North American Countries

 

Overview
(General Information)

Competition Policy, by the Jamaica Fair Trading Commission

Competition Policy in developing countries should have a dual focus. The first should be advocacy, whereby competition agencies encourage other branches of the State to adjust their policies so as to interfere as little as possible with market competition.

Competition agencies should agitate for the inclusion of competition provisions in government policies. The second focus should be competition law enforcement. As law enforcers, competition agencies investigate and prosecute or prohibit agreements that either exclude competitors or substitute collution for competition.

In its effort to move towards a market driven economy and to effectively participate in a globalizing world, the Government of Jamaica has taken on a number of policy measures associated with a free market system. One such measure is the introduction of the Fair Competition Act (FCA) which took effect on 9 September 1993.

The objective of the Fair Competition Act is:

To provide for the maintenance and encouragement of competition in the conduct of trade, business and in the supply of services in Jamaica with a view to providing consumers with competitive prices and product choices. (Preamble of the Fair Competition Act)

 

Legislation
(Legal Acts-Regulations-Resolutions)

Legal Framework

The Fair Competition Act - 1993, enacted on March 9, 1993 and entered into effect on September 9, 1993

The Fair Competition Act - Amendment

Fair Trading Competition Act & The Fair Competition Act

Prohibitions

Understanding The Fair Competition Act

Jamaican Gazette, Supplement to The Fair Competition Act

Consumer Protection Act 2005 - Part 1

Consumer Protection Act 2005 - Part 2

How the Consumer Protection Act Benefits Consumers

 

Guidelines

Business Guidelines

Forms Complaint Forms
Co-operation Agreements and Treaties No information available
Selected Cases Case Reports
Press Releases

FTC Press Releases

Annual Reports

FTC Annual Reports 1996-2005

Report on Development and enforcement of Competition Policy and Laws- FTAA(Free Trade Area of Americas)- January/2003

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

 

Publications
(Papers-Reports- Speeches-Bulletins)

Speeches and Presentations

Publications

Pamphlets and Advisories

Fair Competition Act- A General Guide

Statistics

TOWARDS HARMONIZATION OF TELECOMMUNICATIONS LEGISLATION IN THE CARIBBEAN (Presented at the 6th OOCUR Annual Conference held on 5-7 November, 2008 in Belize)

 

 

News

FTC Annual Newsletters

News - Ministry of Industry, Comerce and Technology

 

Contact Information

Jamaica Fair Trading Commission
Fair Trading Commission
52 - 60 Grenada Crescent
Kingston 5 Jamaica, West Indies
Tel: +1876 960-0120-4
Fax: +1876 960-0763
Email: ftc@cwjamaica.com

Ministry of Commerce, Science and Technology (with Energy)
PCJ Building, 36 Trafalgar Road
Kingston 10, Jamaica, W.I.
Tel: +1876 929-8990 -9, +1876 754-5501 - 4
Fax: +1876 960-1623
E-mail: admin@mct.gov.jm

 

Competition Authority Website(s)

Jamaica Fair Trading Commission

The Consumer Affairs Commission

 

   

Mexico (Last Updated 12/05/09)

All North American Countries

Overview
(General Information)

Overview / Summary

The law is intended to protect the competitive process through the prevention and elimination of monopolies, anticompetitive practices and other restraints on the efficient operation of markets for goods and services. (Article 2).

However, competition policy was not fully implemented until the enactment of the 1993 Federal Economic Competition Law.

Most international trade agreements to which Mexico is a party contain specific chapters on competition, and Mexico has also signed various bilateral competition agreements with other nations.

Several sectoral laws also grant the CFC specific authority, most frequently in issuing determinations of market power or effective competition, and in the approval of prospective participants in auctions conducted in regulated sectors by the federal government.


Legislation
(Legal Acts-Regulations-Resolutions)

Mexico's Competition Commission has succeeded in getting its amendments to the competition law through parliament.

The Mexican Congress approved the significant changes on mergers, administrative procedures, leniency and monopolistic practices on 25 and 27 April, 2006. These amendments will become effective one business day after their publication in the Official Gazette of the Federation. The amendments include the following:

  • Merger filing thresholds have increased between 50 and 75 per cent. A waiting period of 10 working days has been set up, to stop there parties closing a transaction until a resolution is issued.
  • On monopolistic practices, responsibility is shared between those deciding upon and those implementing the practice. New concepts have been introduced, including predatory pricing; discounts for exclusivity and discrimination in sale conditions. An efficiency defence has been introduced.
  • There is a five-year limit on the Competition Commission's ability to investigate monopolistic practices. Third parties will be able to file civil lawsuits to reclaim damages from monopolistic practices, without needing to be party to the administrative procedure.
  • Cartel fines have been raised by up to 400 per cent and new penalties introduced, such as providing false information. A leniency policy has been set up, including provision for fine-reductions for companies that provide useful information but are not the first applicants.



Amendments to the Competition Law in effect
On the 28th of June, 2006 amendments to the competition law were published in the Oficial Gazette of the Federation. These amendments were unanimously approved by the Mexican Congress in the month of April, 2006. The amendments are currently in effect as of June 29, 2006.

Ley Federal de Competencia Economica, publicada en el Diario Oficial de la Federación el 28 de junio del 2006 (in Spanish)

Federal Economic Competition Law of 28 June 2006

Political Constitution- 1917, article 28

Federal Law on Economic Competition Diario Oficial de la Federacion (Federal Register), December24, 1992.

Code of Regulations- Regulation of the Federal Law on Economic Competition (LFCE)- Official Gazette of the Federation, March 4, 1998

ByLaws

Sectorial Legislation


Concentrations

Auctions

Others

Ex Officio-Investigations

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties

United States of America

Agreement Between The Government Of The United States Of America And The Government Of The United Mexican States Regarding The Application Of Their Competition Laws (7/12/00)

Agreements/Treaties

  • North American Free Trade Agreement (NAFTA) Chapter XV. Competition policy, monopolies and state enterprises. Subscription date: December 17th, 1993
  • Free Trade Agreement with Colombia and Venezuela (G3) Chapter XVI. State enterprises. Subscription date: June 13th, 1994
  • Free Trade Agreement with Chile Chapter 14. Competition policy, monopolies and state enterprises. Subscription date: July 11th, 1994
  • Free Trade Agreement with the European Union Title IV. Competition
    Annex XV. Subscription date: March 23rd, 2000
  • Free Trade Agreement TLC with Israel Chapter VIII. Competition policy, monopolies and state enterprises. Subscription date: April 10th, 2000
  • Free Trade Agreement with EFTA Chapter IV. Competition. Subscription date: November 27th, 2000


Selected Cases No information available
Press Releases

Press Releases

Annual Reports

Mexico: Competition Law and Policy in 2005, published in May 29,2006 by the OECD

Mexico: Competition Law and Policy in 2004, published in May 30,2005 by the OECD

Mexico: Competition Law and Policy in 2003, published in October 28, 2004 by the OECD

Report on Development and enforcement of Competition Policy and Laws- FTAA(Free Trade Area of Americas)- January/2003

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

Annual Report OECD - 2004

Annual Report OECD 2003-2004

Annual Report OECD 2002-2003

Annual Report OECD 2001-2002

Annual Report OECD 2000-2001

Annual Report OECD 1999-2000

Annual Report Competition Authority

 

Publications
(Papers-Reports- Speeches-Bulletins)

Papers and Notes (In Spanish)

Presentations/ Speeches (In Spanish)

Releases (In Spanish)

OECD - Economic Survey of Mexico 2005: Improving conditions for business and investment


News

Five draft amendments to the Federal Law of Economic Competition have been released in 2004.The amendments are analysed at the 2005 OECD annual report (see above).

The Federal Competition Commission News

 

Contact Information

Federal Competition Commission
Monte Libano 225
Col. Lomas de Chapultepec
C.P. 11000 Mexico D.F.
Tel: (5) 283 6500
Fax: (5) 283 6680
EM: fsu@cfc.gob.mx

Competition Authority Website(s)

The Federal Competition Commission

 

 

   

Nicaragua (Last Updated 12/05/09)

All North American Countries
Overview
(General Information)
The Government has the following objectives with respect to the development of the national competition policy:

To develop a consultation process with stakeholders concerning the promotion of competition;
To develop the institutional capacity to implement competition policy;
To hold workshops and conferences on means to protect consumers;
To train national officials in consumer protection policy and competition law.
The challenges faced by the country centre around the need to implement the law to be adopted soon and the subsequent establishment of the competition agency.


Legislation
(Legal Acts-Regulations-Resolutions)

Law No. 601 - Promotion of Competition (in Spanish)
Competition law published in the La Gaceta Official Newspaper 206 of 24 October, 2006. The law will come into force eight months after its publication date.

Additionally the following are some laws which cover particular economic sectors that regulate industries such as: electric power, telecommunications, oil and financial markets.

1-Law No. 125, April 10, 1991, "Law that creates the Superintendencia (Regulatory Body) for Banks and other Financial Institutions."
2-Law No. 200, August 18, 1995, "Law on Telecommunications and Postal Services."
3-Law No. 277, February 6, 1998, "Law on Oil Distribution." Chapter VI on promotion of competition.
4-Law No. 272, April 23, 1998, "Electrical Industry Law."
5-Law No. 271, April 1, 1998, "Amendments to the Law of the Nicaraguan Institute of Energy (INE)."

Ley No. 272 (in Spanish)


Guidelines

No information available
Forms No information available
Co-operation Agreements and Treaties No information available
Selected Cases No information available
Press Releases

Annual Reports

COMPAL Global Annual Report 2005, COMPAL Programme: Projects for Bolivia, Costa Rica, El Salvador, Nicaragua and Peru (01/05/06)

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

 

Publications
(Papers-Reports- Speeches-Bulletins)

Telecoms Reform To Be Debated In Nicaragua, 30 April 2009:

The Nicaraguan congress may begin discussing the new telecoms reform bill as early as June according to BNAmericas. The reforms include introducing more competition to the market as well as creating a new telecoms regulator, to be known as Sitel. While competition exists in the Nicaraguan market, it is between América Móvil and Telefónica for mobile services while the fixed-line market remains a virtual monopoly from América Móvil's Enitel. BMI welcomes the move to expand competition in the market and extend the regulatory framework that would boost the Nicaraguan market.

News

Findings of Phase I of the COMPAL Programme showed that price-setting agreements operate in the flour, oil and sugar markets, with direct implications for the purchasing power of the poor. Other sectors thought to be affected by cartels include milk and beverages. Vertical agreements are thought to be important influences in the prawn and crayfish processing sectors. The perceived degree of competition is very low in the transportation sector, which is particularly important for many exporters and the rural population. Government measures to tackle anti-competitive practices and to promote measures are seen as being fairly weak in Nicaragua. (Source: UNCTAD - COMPAL)

Contact Information

Competencia y Transparencia de Los Mercados
MIFIC

Frente Camino de Oriente
Managua
Nicaragua
Tel/Fax: + (505) 267 27 20
E-mail: webmaster@mific.gob.ni

Competition Authority Website(s) No information avaliable
   

Panama (Last Updated 12/05/09)

 

All North American Countries

Overview
(General Information)
The purpose of the Law No. 29 is to protect and secure the process of free economic competition, eradicate monopolistic practices and other constraints on the efficient functioning of the markets for goods and services, and safeguard the greater interests of consumers. (Article 1)

 

Legislation
(Legal Acts-Regulations-Resolutions)

Legal Acts (In Spanish)

Ley No. 29 del 1 de Febrero de 1996, whereby rules on the Protection of Competition are established and other measures are adopted.

Areas de Aplicación de la Ley No. 29 del 1 de Febrero de 1996

Reglamento de los Títulos II y V - Ley No. 29 del 1 de Febrero de 1996 (This regulation is not yet in force)

Article 298 of the Constitution, which was modified by article 61 of the Legislative Act No. 1 of 2004 (In Spanish)

Law Decree 9 of 20 February of 2006, which modified Law 26 of 1996, creates the authority for the protection and defense of competition.

 

Guidelines

Article 19 of Law 2 of 1996, Guidelines dated 12 September, 2001

Resolution No. PC-503-03, Guidelines dated 29 October, 2003

Guidelines can be obtained from the following link of the Competition Authority Website


Forms No information available
Co-operation Agreements and Treaties Tratado Comercial Entre La Republica Dominicana y La Republica de Panamá
Selected Cases No information available
Press Releases No information available
Annual Reports Report on Development and enforcement of Competition Policy and Laws- FTAA(Free Trade Area of Americas)- January/2003

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

 

Publications
(Papers-Reports- Speeches-Bulletins)

Institutional Challenges to Competition Policy in Panama

Trade Policy Review: Panama



News No information available
Contact Information

Comision de la Libre Competencia y Asuntos del Consumidor
Vía Fernández de Córdoba, Plaza Córdoba Primer Alto
Apdo 5231 Zona 5, Panamá, Rep de Panamá
Tel: +507 229 6944/5
Fax: +507 229 6952

 

Competition Authority Website(s)

Comision de la Libre Competencia y Asuntos del Consumidor


   
Trinidad & Tobago (Last Updated 12/05/09) All South American countries
Overview
(General Information)
The Government of Trinidad and Tobago is committed to developing a competition regime to support its extensive liberalization programme, and is currently drafting a law. At the same time, the community of states to which it belongs, the Caribbean Community (CARICOM), has recently formalized a competition regime for the member states, embodied in Protocol VIII amending the Treaty of Chaguaramas by which CARICOM was set up. There is therefore a will in the region to legislate and implement competition law. Yet, the only country in this community of states that has any experience or expertise in the field is Jamaica, where a limited competition law was enacted in 1993. The region is faced with many difficulties as it proceeds to implement competition law.

(The information above has been received from the Permanent Mission of Trinidad and Tobago with the request that it be circulated to Members).

 

Legislation
(Legal Acts-Regulations-Resolutions)

Trinidad and Tobago is in the process of updating their competition laws and are drafting provisions for a Fair Trading act

Protection Against Unfair Competition Act, 1996

Act No. 30 of 1985, The Consumer Protection and Safety Act as amended by Act No. 22 of 1998

 

Guidelines No information available
Forms No information available
Co-operation Agreements and Treaties The Government of Trinidad and Tobago supports the need for cooperation on competition issues, particularly because our openness makes us vulnerable to cross-border effects. Bilateral cooperation with its major trading partners would provide the depth of modalities for cooperation needed in dealing with case specific issues, and provide a framework for developing trust and thus deepening exchanges.

At present, CARICOM is also negotiating at the Hemispheric level in the Free Trade Area of the Americas, and cooperation is an important aspect of the proposed FTAA. Such an agreement would provide a framework for the region to develop a greater understanding of each member's laws and its application, and the development of jurisprudence. Moreover, it may provide easier application of the law in cases of cross border effects.

Cooperation at the multilateral level can also be an important modality for facilitating the application of competition law in the domestic market, particularly as it relates to cross-border effects, or the abuse of dominance of foreign resident firms. For developing countries, the field of competition policy is so new that not only an intensive education process is necessary, but also in-depth study is needed of the issues and adequacy, in the context of our economies, of the given thinking and instruments for cooperation.

The existing models of cooperation agreements are premised upon the exchange between Competition Authorities with equal strength and experience, and a history of informal exchanges. This would not be the case between new competition agencies in developing economies, and the competition authorities in industrial countries. Careful thought and creative ways have to be found to make it possible for developing countries, and small economies in particular, to yield the benefits of cooperation through new modalities that would address their needs.

If smaller economies were to gain from having a competition regime and cooperation agreement, it would be necessary for the more experienced and powerful countries to go beyond the exchange of information and assist in cases that affect those economies through positive comity. It may be necessary to extend that thinking to the possibility of developed countries lending assistance and expertise to guide investigations involving large MNCs, and to take action against export cartels in their domestic markets. Otherwise, for smaller economies, the benefits of competition policy in international trade would not be realized.

(The information above has been received from the Permanent Mission of Trinidad and Tobago with the request that it be circulated to Members).

Selected Cases No information available
Press Releases No information available
Annual Reports No information available
Publications
(Papers-Reports- Speeches-Bulletins)
Introducing Competition Law and Policy in Trinidad and Tobago: Some Institutional Challenges
News No information available
Contact Information

Consumer Affairs Division

No. 3 Duncan Street, Agostini Compound, Port of Spain, Trinidad
Telephone Nos.
625-5829;8397
623-3821;7741
Fax: 625-4737
E-mail:consumer@carib-link.net

Research Department consumerresearch@carib-link.net
Consumer Protection Department consumercps@carib-link.net
Legal Department consumerlegal@carib-link.net

Competition Authority Website(s) No information available

 

 

 

 

 

 

United States of America (Last Updated 06/05/09)

All North American Countries

Overview
(General Information)

Competition law in the United States of America is enforced by two bodies: the Anti Trust Division of the Department of Justice, an executive arm of government, and the Federal Trade Commission. Only the Department of Justice can undertake criminal prosecutions, and it has no consumer protection functions. These are undertaken by the Federal Trade Commission. The main antitrust statutes administered by these organisations are the Sherman and Clayton Acts, as well as a variety of federal competition and consumer protection laws. The Anti Trust Division and the Federal Trade Commission provide a significant amount of guidance to industry in the form of joint guidelines on a range of issues.

"The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic political and social institutions." (The Supreme Court, Northern Pacific Railway Co. v. United States, 356 U.S. 1, 4 (1958).

Other objectives have at times been expressed in earlier periods in the history of U.S. antitrust law enforcement: fairness, dispersion of economic power, and distribution of economic opportunities. A strong consensus currently exists, however, that promotion of economic efficiency and maximization of consumer welfare are the appropriate objectives of U.S. antitrust policy.

Overview. US Department of Justice - Antitrust Division

Overview. Federal Trade Commission

 

Legislation
(Legal Acts-Regulations-Resolutions)

1. Sherman Act, 15 U.S.C. Sections 1-7. US Sherman Antitrust Act

2. Clayton Act, 15 U.S.C. Sections 12-27. US Clayton Act

3. Federal Trade Commission Act, 15 U.S.C. Sections 41-51. Federal Trade Commission. Legal Framework

4. Numerous other federal statutes govern the antitrust treatment of particular sectors of the economy.

5. 49 states have enacted antitrust laws similar to the federal laws.

Federal Trade Commission. Statutes Relating to Competition Mission

Antitrust Division. Merger Enforcement

 

Guidelines

A Plain English Guide to Antitrust Laws

Model Second Request

Antitrust Guidelines for Collaborations Among Competitors issued by the Federal Trade Commission and the United States Department of Justice

Antitrust Enforcement Guidelines for International Operations

Revised Federal Trade Conmmission, Justice Department Policy
Statements on Health Care Antitrust Enforcement

Guides to Advertisting and Promotional Allowances

1992 Horizontal Merger Guidelines

All Bureau of Competition Guidelines


Guidelines And Policy Statements, Antitrust Division


Agriculture

Memorandum Of Understanding With The Department of Agriculture

Criminal

Price Fixing & Bid Rigging, They Happen: What They Are And What To Look For (01/02/2001)

Status Report: Corporate Leniency Program (02/01/2002)

Status Report: A Summary Overview of the Antitrust Division's Criminal Enforcement Program (02/01/2004)

Corporate Leniency Policy (08/10/1994)

Corporate Leniency Policy (08/10/1993)Corporate Leniency Policy: Answers To Some Recurring Questions (04/01/1998)

General

Issuance of Public Statements Upon Closing of Investigations (12/12/2003)

Attorney General Guidelines For Victim and Witness Assistance (01/2000)

Antitrust Division Manual (3rd Edition, 1998; Revised In Part, 2001)

Antitrust Grand Jury Practice Manual, Vol.I (11/1991)

Health Care

Statements of Antitrust Enforcement Policy In Health Care

International Operations

Antitrust Enforcement Guidelines For International Operations(04/05/1995)

Joint Venture

Antitrust Guidelines For Collaborations Among Competitors (PDF - 04/2000)

Merger

Policy Guide to Merger Remedies (10/2004)

20th Anniversary Celebration of the 1982 Merger Guidelines: The Contribution of the Merger Guidelines to the Evolution of Antitrust Doctrine

Protocol For Coordination in Merger Investigations Between The Federal Enforcement Agencies And State Attorneys General (03/11/1998)Horizontal Merger Guidelines (04/08/1997)

Bank Merger Competitive Review -- Introduction and Overview (1995) ( Current As Of 09/13/2000)

Non-Horizontal Merger Guidelines(06/14/1984)


Forms Federal Trade Commission. Consumer Complaint Form
Co-operation Agreements and Treaties

Australia
U.S. - Australia Cooperation Agreement (6/82)

U.S. - Australian Mutual Antitrust Enforcement Assistance Agreement (4/99)

Annex

Brazil
U.S. - Brazil Co-operation Agreement (10/99)

Canada
U.S. - Canada Cooperation Agreement (8/95)

Chile
Free Trade Agreement with Chile, Chapter 16, Competition Policy, Designated Monopolies and State Enterprises

Colombia
Free Trade Agreement with Colombia (Draft FTA)

22 November 2006: The United States has signed a free-trade agreement (FTA) with Colombia. Both countries now will submit the agreement to their legislatures for approval.

The comprehensive agreement promises to strengthen economic ties between the United States and Colombia by eliminating tariffs and other barriers to goods and services and expanding trade between the two countries, according to U.S. Trade Representative Susan Schwab.

According to a USTR fact sheet, under the agreement, more than 80 percent of U.S. exports to Colombia -- including high-quality beef, cotton, wheat, soybeans and soy meal, key fruits and vegetables and some processed foods -- immediately would become duty-free, and duties for the remainder of exports would be phased out over 10 years. (Source: USINFO).

For complete article, click here

Dominican Republic
Free Trade Agreement with Dominican Republic - Central America

European Communities

U.S. - Commission Of The European Communities Cooperation Agreement (6/98)

U.S. - Commission Of The European Communtiies Cooperation Agreement (9/91)


Agreement between the European Communities and the Government of the United States of America regarding the applications of their competition laws Decision of the Council and the Commssion of 10 April 1995

(95/145/EC, ECSC)

Agreement between the Government of the United States of America and the Commission of the European Communities regarding the application of their competition laws (OJ L 132, 15.06.1995)

Agreement between the European Communities and the Government of the United States of America on the application of positive comity principles in the enforcement of their competition laws (OJ L 173 of 18.06.1998)

Israel
U.S. - Israel Cooperation Agreement

Japan
U.S. - Japan Cooperation Agreement

Mexico
Agreement Between The Government Of The United States Of America And The Government Of The United Mexican States Regarding The Application Of Their Competition Laws (7/12/00)

 

 

Selected Cases

Federal Trade Commission Case Law

Antitrust Case Filings, Antitrust Division

The USA v. Waste

The USA v. NCPG

The USA v. Smithfield

The USA V. Microsoft


Press Releases

Federal Trade Commission

News Releases


US Department of Justice - Antitrust Division

Press Releases 2009

Press Releases 2008

Press Releases 2007

Press Releases 2006

Press Releases 2005

Press Releases 2004

Press Releases 2003


Press Releases 2002

Press Releases 2001

 

Annual Reports

US Department of Justice - Antitrust division

Criminal Antitrust Fines 2002 - 2007

Ten Year Workload Statistics Report

Federal Trade Commission

Annual Reports

Annual Competition Enforcement Reports

FTAA

Report on Development and enforcement of Competition Policy and Laws- FTAA(Free Trade Area of Americas)- January/2003

Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere- FTAA- Negotiating Group on Competition Policy- 2002

OECD

Competition Law and Policy in 2004-2005

Competition Law and Policy in 2003-2004

Competition Law and Policy in 2002-2003

Competition Law and Policy in 2001-2002


2003-2004 Annual Report on Competition Policy Developments

2002-2003 Annual Report on Competition Policy Developments

2001-2002 Annual Report on Competition Policy Developments

2000-2001 Annual Report on Competition Policy Developments



Publications
(Papers-Reports- Speeches-Bulletins)

Report from the Commission to the Council and the European Parliament of the Agreements between the European Communities and the Government States of America and the Government of Canada regarding the application competition laws - 1 January 2000 to 31 December 2000

Commission Report to the Council and the European Parliament on the application of the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws
1 January 1999 to 31 December 1999

Federal Trade Commission

Speeches

Promoting Competition, Protecting Consumers


US Department of Justice - Antitrust division

Newsletter: Antitrust Division Update - Protecting and Promoting Competition (Spring 2006)

Speeches

Vigorous and principled antitrust enforcement: priorities and goals

A Review of recent antitrust division actions

OECD

Report on Competition Law and Institutions - 2004

The Role of Competition Policy in Regulatory Reform (1998)

Articles

Coordinated Effects in Merger Review: From Dead Frenchmen to Beautiful Minds and Mavericks by William J. Kolasky, Deputy Assistant Attorney General, Antitrust Division. U.S Department of Justice.

Other Publications

Consumer Protection

Federal Trade Commission Staff Reports

Commission Actions (These documents, complaints, decisions and orders, final orders, etc., are provided by the Office of the Secretary. They are available in HTML and, to ensure the closest look to the original document, Adobe Acrobat PDF formats).

Business Review Letters

 

News

US official vows tougher antitrust enforcement, 11 May 2009:

The U.S. Justice Department's top antitrust official announced on Monday a return to a more aggressive approach to dealing with dominant companies that use their market power to crush competition.

21 December, 2006: US Department of Justice - Antitrust Division ends year with second-highesr level of criminal fines, more merger challenges

Federal Trade Commission
News

Competition Law Links contributed by World Legal Information Institute


Contact Information

United States Departement of Justice, Antitrust Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Tel:+1 202-353-1555 (Office of the Attorney General)
Email: AskDOJ@usdoj.gov.

Federal Trade Commission
CRC-240
Washington, D.C. 20580
Tel: +1 202-326-2222 (General Information Locator)

 

Competition Authority Website(s)

United States Department of Justice, Antitrust Division

Federal Trade Commission

   

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