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The business law resource for Latin America
and Yasmine Harik
Arnold & Porter LLP
Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
Is your cartel enforcement regime criminal, civil, or administrative?
Please describe the relevant legislation and enforcement agency(ies).
Describe the investigative powers of the enforcement agency(ies).
Have there been any recent changes to the relevant legislation or are there any proposals for change to the law? If so, please describe.
Does the law apply to corporations, individuals, or both?
May the law be enforced against cartel conduct that occurs outside the jurisdiction?
Do your enforcement agencies cooperate with antitrust enforcement agencies in other countries? If so, what is the scope of and basis for that cooperation?
What is the maximum penalty for a corporation found to have engaged in cartel conduct? Are there minimum penalties for corporations found to have engaged in cartel conduct? If so, please describe.
What penalties does your regime contemplate for individuals? Please describe maximum penalties and minimum penalties, if any.
Does your regime provide for imprisonment of individuals for cartel conduct?
Describe the formal methodology for determining corporate fines.
How are fines determined in practice?
Does your jurisdiction allow cartel sanctions to be appealed? If so, describe the process.
Does your jurisdiction allow private litigants to sue for cartel violations? If so, under what circumstances? What are the parameters of private litigation in the cartel context?
Which party holds the burden of proof in cartel matters regarding both liability (conduct) and damages issues?
Please describe any recent examples of significant penalties imposed upon corporations or individuals that engaged in cartel activities.
In your jurisdiction, may competition authorities raid company headquarters? May they seize documents? Computers and other electronics?
Please outline the procedures for a “dawn raid”.
Please outline the company’s right of return for seized materials.
Does your jurisdiction allow leniency for cooperating corporations/individuals?
Describe your country’s leniency programme.
What types of cooperation are expected from a leniency applicant?
Does leniency apply only to the first cooperating entity, or can subsequent applicants in the same market also qualify for leniency or reduced sanctions?
What confidentiality assurances are given to leniency applicants?
Is there a “marker” system, and how is it used in the leniency application process?
What are the standards for receipt of a marker, and how do they differ from the standards that apply to the ultimate receipt of leniency?
Can the availability of leniency in a particular market be ascertained on a “no-names basis”?
Can a leniency marker be obtained by counsel on behalf of an unidentified client?
May presentations for leniency purposes be made to the government on an oral basis, or are written materials required to be submitted?
Please describe any noteworthy examples of leniency being granted in a cartel case in your jurisdiction.
Has the government ever attempted to revoke a grant of leniency in your jurisdiction? If so, describe the circumstances.
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