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Latin America saw a wave of antitrust reforms in the 1990s, when antitrust enforcement became more prominent in the context of economic liberalisation efforts throughout much of. Read more…
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below to see all jurisdiction answers for them.
What is the relevant legislation and which authority is responsible for competition law enforcement?
Which types of transactions must be notified? Is change of control a requirement?
What thresholds apply for determining whether a transaction must be notified?
Who must file the notification and when? Are there filing fees?
Is there an obligation not to close the transaction pending review? If so, is there any alternative available to allow closing before formal clearance?
Are local effects part of the test? In what conditions must transactions between foreign companies be notified?
What is the timeline for review and clearance?
Is there a simplified notification procedure with accelerated review periods? What types of transactions qualify?
What are the risks if the parties do not file, if the transaction is closed before clearance or if notification is untimely? What type of behaviour can be considered gun-jumping?
Are there special rules applicable for public takeover bids, private equity transactions, corporate restructuring under bankruptcy procedures or acquisitions of convertible non-voting securities or options?
Is notification and its content publicised?
What are the investigative powers of the authority?
Are parties required to disclose internal documents during the review?
What rights do third parties such as competitors, suppliers or customers have to intervene and participate in the investigation process, including rights to access the investigation file?
What are the prevailing theories of competitive harm and analysis, and how are they typically applied?
Are there safe harbours and what are they?
To what extent are economic efficiencies and non-competition issues taken into account in the review process?
Can remedies be negotiated and, if so, at what stage in the process? How are they enforced? Can they be challenged by third parties?
Can a decision from the regulator be appealed and, if so, what is the timetable for review to take place?
What interactions between competitors rise to the level of a competition law infringement in your jurisdiction?
Are cartel violations infringements by object or effect?
What powers do authorities have to investigate cartel infringements or other types of competitor contacts? How are these types of infringements usually uncovered? What is the applicable limitation period?
What sanctions apply to the participants in cartel conduct?
Can individuals be liable for cartel infringements or other contacts with competitors?
Is there an immunity or leniency programme for the investigated parties to cooperate with the authority? What are the criteria to apply? What are the fine reductions granted?
Is there an immunity plus or amnesty plus option? Or other opportunities to reduce fines?
Is there a settlement procedure? What are the corresponding requirements and benefits? Is settlement a possibility in addition to immunity or leniency?
What are the procedural steps and timeline followed by authorities when investigating cartels?
Is any information about the investigation made public? Can third parties cooperate with the investigation and access the authority’s files?
Is a decision finding a cartel infringement subject to appeal? What is the timetable for review to take place?
Can third parties claim damages for losses suffered as a result of a cartel infringement? Please describe the relevant procedure.
Can third parties have access to documents submitted in the context of a leniency application or settlement for private enforcement purposes?
How is dominance determined?
How is an abuse of dominance identified?
What types of conduct can be considered as an abuse of dominance? Can there be a per se infringement? Does the law prohibit both exclusionary and exploitative practices?
What broad criteria should a dominant company observe to grant discounts or rebates that comply with competition law?
What powers do authorities have to investigate abuse of dominance? What is the applicable limitation period?
What sanctions apply to abuse of dominance?
What are the procedural steps and timeline followed by authorities when investigating abuse of dominance?
Can efficiencies be used as defence arguments to justify an abuse of dominance? Are there any exemptions from abuse of dominance rules?
Is it possible to cooperate with the relevant authorities to obtain a fine reduction?
Is an abuse of dominance finding subject to appeal? What is the timetable for review to take place?
Can third parties claim damages for losses suffered as a result of an abuse of dominance infringement? Describe the procedure.
Are there agreements in place to exchange information with foreign competition authorities?
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Pérez Bustamante & Ponce
Hogan Lovells (Mexico)
Aguilar Castillo Love (Central America)
Stocche Forbes Advogados (São Paulo)
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