Antigua & Barbuda (Last Updated 06/07/07)

All North American Countries

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.

Bahamas (Last Updated 06/07/07)

No information available

No information available

Barbados (Last Updated 09/07/07)

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

Fair Competition Act

Guidelines for Regulatory Hearings

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

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

Fair Trading Commission Merger Notification Form A

Fair Trading Commission Merger Clearance Form B

Fair Trading Commission. News Releases

No information available

Articles and News Features

Publications

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

All North American Countries

No competition law yet in force

No information available

No information available

No information available

Bermuda (Last Updated 09/07/07)

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 2005

Rules on Customs Valuation

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

Canada (Last Updated 11/12/07)

All North American Countries

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

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 Act, Chapter C-34

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

Competition Bureau Legislation

1-The Competition Act and related provisions

----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

----Consultations on the Competition Act

----Reports on 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 and Textile Labelling and Advertising Regulations

----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

Draft Information Bulletin on Merger Remedies in Canada
Released for Public comment on 19 Oct 2005. Interested parties are invited to provide comments and/or suggestions on the information bulletin by January 20, 2006. The comments may be submitted by email, fax, or regular mail. Submissions will be made available to the public and posted on the Bureau's website, except where confidentiality is specifically requested. The Competition Bureau will review the comments received and subsequently publish a final document.

Report of the Advisory Panel on Efficiencies

Guidelines from the Competition Bureau

Enforcement guidelines

General reports

Bulletins

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.

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

Agreements with other countries

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 of their competition laws - 1 January 2000 to 31 December 2000

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

Agreement Between US and Canada Regarding the Application of Their Competition and Deceptive Marketing Practices Laws

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

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

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

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

Agreement Between U.S and Canada Regarding the Application of Their Competition and Deceptive Marketing Practices Laws

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

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

Law and litigation (Various cases)

Competition Tribunal List of Applications

Competition Bureau

News and resources

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

Competition Bureau

News and Resources

Bulletins

Speeches

Pamphlet series

Request for public comments

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

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)

What is new?

Competition Bureau News Room

Current Activities at the Competition Tribunal

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 Bureau

The Competition Tribunal

Cayman Islands (Last Updated 10/07/07)

No information available

Costa Rica(Last Updated 10/07/07)

All North American Countries

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)

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.

Guia de competencia (in Spanish)

Denuncias (in Spanish)

No information available

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

Bulletins (in Spanish)

Memoria Ministerio de Economía Industria y Comercio, MEIC- 2005

Monthly Bulletin

Practicas Monopolisticas Absolutas (in Spanish)

Practicas Monopolisticas Relativas (in Spanish)

Concentraciones (in Spanish)

Ministerio de Economía Industria y Comercio, MEIC

Cuba (Last Updated 10/07/07)

All North American Countries

No information avaliable

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

All South American countries

No competition law yet in force

No information available

No information available

Dominica (Last Updated 10/07/07)

All North American Countries

No competition law yet in force

Dominican Republic (Last updated 10/07/07)

All North American Countries

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).

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.

No information available

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

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

General News (unstable site)

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

Secretaria de Estado de Industria y Comercio

No information available

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)