Ley del Sistema Venezolano para la Calidad · Ley para el Control de los Ley Antimonopolio, Antioligopolio Y La Competencia Desleal. Competition is more commonly known as the ‘Ley Anti-Monopolio’. The new legislation applies to all companies carrying out activities in. Venezuela, including. Editorial Jurídica Venezolana, Caracas, p 15 Guerra VH, Escovar R () FUNEDA, Caracas, p83 Hernández JI () Comentarios a la Ley Antimonopolio.
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Can a decision from the regulator be appealed and if so what is the timetable for judical review to take lye Are there safe harbours and what are they?
Are there special rules applicable for public takeover bids, private equity transactions or for corporate restructuring under bankruptcy procedures? If during the investigation the Superintendency finds that there is evidence venezusla possible restrictive effects on competition arising from the transaction, the Superintendency may open a formal process.
It also allows you to accept potential citations to this item that we are uncertain about. The Venezuelan Capital Markets Law provides that any person intending to commence a tender offer of a listed company shall notify its intention to the Venezuelan Securities Authority.
No decision on merger control has been appealed or overruled by the courts during the past five years. When must notification be made with respect to acquisitions of convertible non-voting securities or options? The authority does not require any particular behaviour between signing antimonopokio closing.
Such measures include dissolution of the transaction, divestiture, or the imposition of fines antimonopoloo up to 20 per cent of the gross sales of the offending party for the previous year.
According to the Merger Guidelines, there are several aspects to consider in determining whether a transaction is anti-competitive. As vnezuela matter of practice, how do the authorities investigate a transaction?
Venezuela – Reference – Latin Lawyer
However, there are special rules applying to banking and insurance which include requirements unrelated to antitrust issues. Internal company documents, such as documents prepared for the board and reports and strategy papers prepared during the negotiation of the deal, are rarely requested and must only be disclosed upon request by the authority. Since filing is voluntary, there is no triggering event to file the notification. However, there are no penalties applicable to Conatel or the Superintendency for exceeding such terms.
The Superintendency generally meets some of the parties seeking to merge to clarify certain issues relating to the market and the filing.
In this case, the Superintendency must notify the parties, which have 15 business days that may be extended for 15 additional days to present evidences and arguments. Are there published guidelines for merger analysis? Whom do they consult?
Venezuela: la ley antimonopolio
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. For purposes of calculating the thresholds, the authority takes into account the revenues of all companies belonging to the same economic venezeula of the parties in Venezuela.
Administrative court decisions can be appealed to the political and administrative chamber of the Supreme Tribunal of Justice. Please note that corrections may take a couple of weeks to filter through the various RePEc services.
Is there a simplified notification procedure with accelerated review periods? What type of transactions qualify? Market testing is not commonly used. Briefly highlight any notable merger control decisions rendered over the past 12 months.
Yes, third parties may appeal a decision on a merger whether approving or denying the transaction. The Superintendency has the power to take appropriate measures for the purpose of restoring effective competition if affected by a merger. Collective dominance is not analysed in merger cases.
Identify the last three times merger control legislation was used to prohibit a transaction, and for each, provide the ultimate outcome.
There has not been any decision on merger control in the past 12 months. More about this ely Statistics Access and download statistics.
It is always up to the parties to decide whether to file a voluntary notification.
Notification procedure, timing and penalties for non-compliance The transaction by which The Coca-Cola Company acquired the former Pepsi bottlers in Venezuela in was not notified and afterwards was challenged by Pepsi before the Superintendency Resolution No. However, third parties admitted as parties to a merger proceeding may review and copy such information. Help us Corrections Found an error or omission? The notification and its contents are normally not publicised.
How are they enforced? However, the main focus of the test has been on barriers to entry. Who must file the notification? The parties may also present information on efficiencies arising from the transaction and any information regarding the failing firm argument if applicable.
Are there filing fees?
Venezuela: la ley antimonopolio – CNN Video
However, only when there is a horizontal overlap might there be an interest by the authority to proceed with an investigation. The authority in charge of merger control in Venezuela is the Antimonopoly Superintendency.
If the person intending to commence the tender offer directly or indirectly competes with the target, it must inform vehezuela the transaction has obtained clearance by the Superintendency or, if the transaction was not notified, the reasons for the lack of notification.