Competition Law for Guatemala

There is a need to deal with bad business practices by cartels, territorial control and corporate concentration that is preventing the entry of new enterprises.

Tuesday, June 12, 2012

More competition leads to more economic wellbeing, more jobs and investment, said Miguel Flores Oberland, Federal Commissioner for Competition in Mexico, who lectured recently in Guatemala.

For these reasons, "those who promote monopolies should be discouraged and laws should be enacted to prevent barriers of entry not only to products or transportation, but also to professionals," said Flores Bernese, according to

The Mexican official listed the steps required in order to combat anti-competitive monopolistic practices:

"From the perspective of the Federal Commissioner for Competition, the first step after passing the legislation, is to create an independent body that can act legally against offenders. The second step is to direct efforts to reducing the activity of business cartels that set prices jointly. As mentioned, the Federal Competition Commission of Mexico recently received money from fines of $1.83 million to proprietors of a ferry (a type of vessel that joins two points carrying passengers and cars) which provided a service between Isla Mujeres and Carmen beach in Cozumel. Another case involved a group of pharmaceutical companies who paid a fine of $10.7 million for high priced medicines for the Mexican Social Security Institute (IMSS). "

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Incentives to Improve Competition

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In Costa Rica, a bill is in progress that contemplates eliminating fines for the first member of a cartel that recognizes and denounces to the authorities that has engaged in monopolistic practices.

As part of the bills for Costa Rica's entry into the OECD, deputies voted in second debate file No. 21.303, Law strengthening the competition authorities of Costa Rica, reported last August 29 the Legislative Assembly.

Guatemala: Customs Union with Honduras Approved

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The decree approved by the Guatemalan Congress was the missing step needed to implement the free movement of people and goods between the two Central American countries.

From a statement issued by the Ministry of Trade:

Guatemala, January 22, 2016. The Congress of Guatemala yesterday approved a Protocol Enabling the Deep Integration towards the free movement of people and goods between the Republics of Guatemala and Honduras.

Controlling Mergers in Costa Rica

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Analysis of the amendment to the Law for Promotion of Competition and Effective Defence of the Consumer which now establishes prior control of economic concentrations.

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"... a partial amendment has recently been approved to Law No. 7472, which introduces important changes in antitrust

New Law on Competition in Costa Rica

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The Law on Promotion of Competition and Effective Consumer Protection recently approved typifies monopolistic practices and changes the rules on economic groups.

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