|
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 24/03/09)
|
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
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
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| Competition
Authority Website(s) |
Comision
de la Libre Competencia y Asuntos del Consumidor
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| |
|
| Trinidad
& Tobago (Last Updated 12/05/09)
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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
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| Competition
Authority Website(s) |
No
information available |
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|
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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