If no agreement is reached with InterAirports, the concession for the new Honduran airport at Palmerola could be put out to tender.
So stated President Porfirio Lobo, who asked the Commission for the Promotion of Public-Private Partnerships (COALIANZA) to not let the project "go cold”. "[I hope] COALIANZA doesn’t let the subject of Palmerola go cold. I say that because a bidding process may have to be initiated if we are not able to negotiate with the concessionaire. We would initiate the process and somehow compensate the concessionaire for what the loss of the operation of Toncontín means to them. "
The National Competitiveness Program of Guatemala has announced that the Executive will introduce a draft bill to Congress to replace existing customs regulations.
Under pressure from the Guatemalan business sector, the executive has presented a new initiative to Congress, which has already been agreed with various chambers of commerce, said Juan Carlos Pais, Presidential Commissioner for Competitiveness.
Competition authorities tend to allow franchises to engage in certain behaviors that would usually be prohibited.
From Issue No. 151 of the Bulletin of Competition from the Commission to Promote Competition (COPROCOM) in Costa Rica:
FRANCHISE AGREEMENTS AND THEIR ASSESSMENT BY LAW No. 7472. RECORD OP-06-12.
Franchises are based on an ongoing cooperative relationship in which one party (called the franchisor, or grantor), the proprietor of a trade name, trademark, designs or logos that identify a company or business, gives the other party (called franchised taker or franchisee) a set of rights enabling then to sell, distribute or commercially exploit at their own risk, in a pre-established place or territory, one or more products and services, relying not only on the brand under which the grantor identifies their products, but also on the brand image and operational methods used.
The total exclusivity requirement imposed by the National Institute of Insurance on agencies who sell their insurance, is an anticompetitive mechanism that is making it difficult for the market to open up.
In his blog " Mercado Seguro " in Elfinancierocr.com, attorney and insurance specialist Said Breedy analyzes the criteria issued by the Commission to Promote Competition (COPROCOM) on the exclusivity clause in agency contracts with the National Institute Insurance (INS) in place since 2007.
The company Mabeca has filed an appeal citing unconstitutionality with the Sala IV (Constitutional Court) of Costa Rica, claiming disproportionality in the fine of $2.3 million that has been applied to them.
In August 2011, the Commission to Promote Competition under the Costa Rican Ministry of Economy, found that after the acquisition of Atlas Eléctrica by Mexican company Mabe in 2008, there was a "prohibited concentration" according to the law for promoting competition and consumer protection, and imposed a fine of $2.3 million.
In order to avoid paying penalties after a merger it is possible to obtain endorsement of the operation from the Commission to Promote Competition (COPROCOM).
A statement from the COPROCOM reads:
In Costa Rica, unlike most countries with greater developments in Competition Law, control of concentrations is provided for after the event, ie, once the transaction has occurred. In contrast, prior notification of concentrations is the most frequently used mechanism to control concentrations, being more effective as a preventive tool, since it avoids the difficulties of dismantling an operation that has already taken place.
Following the purchase of the Costa Rican company Atlas, the Mexican group Mabe has near total monopoly of the household appliances sector.
The Commission to Promote Competition in Costa Rican’s Ministry of Economy, found that after the acquisition of Atlas, there was a 'prohibited concentration", according to the law to promote competition and consumer protection.
The Commission for the Promotion of Competition has recommended that permission to show the origin of coffee on labels should be company specific, not per brand.
The proposal comes from Costa Rica’s national coffee institute (Icafe) and is regarding the “100% grown and harvested in Costa Rica” coffee seal. The new rule would mean that a company selling brands of coffee containing coffee from other countries could no longer use the seal.
The law firm Alvarenga & Mirón is created to respond to the necessities of the global legal market that requires legal advise, notarial and litigation services in general of the highest quality.
Operates in El Salvador
Phone: (503) 2223 6904 - (503) 2224 3846
Magnalex Abogados is a Costa Rican Law Firm with extensive experience in a broad spectrum of legal services. For over 28 years, our Law Firm has been committed to providing top-quality legal advice.
Operates in Panama, Nicaragua, Honduras, Guatemala, El Salvador and Costa Rica
Phone: (506) 2224 8000 - (506) 2283 3373
A General Practice law firm which specializes in Business and Commercial Law as well as Foreign Investment in Costa Rica. Our firm originally established in 1940, currently operates offices in San José and Guanacaste
Operates in Costa Rica
Phone: (506) 2258 2525
At LEXINCORP we specialize in providing legal advisory services to large and medium sized corporations operating in Central America.
Operates in Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua
Phone: (503) 2250 7800