Incentives to Improve Competition

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.

Wednesday, September 18, 2019

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.

The proposed law aims to give greater powers to the Commission to Promote Competition (Coprocom) and the Superintendence of Telecommunications (Sutel).

Elfinancierocr.com reports that the bill incorporated "... in the legislation the mechanism of clemency that consists of a total exoneration of the fine, of course, only for the first member of a cartel that dares to denounce the practices. In other words, if an economic agent or a person incurs in an absolute monopolistic practice, he will be able to take advantage of the exoneration of the payment of the fine if he recognizes it. If so, the Higher Body of the competition authority will exempt him from payment."

The article adds that "... In addition, the law provides for reductions in the payment of the fine for other economic agents who wish to join the process. This means that the first one that denounces is completely exonerated and those that join later, will have reductions."

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More on this topic

Guatemala: "Repentant" Parties in the Competition Act

September 2016

A program of "clemency" for companies that cooperate with information on anticompetitive practices in the sector is part of what is being proposed for the bill that will be analyzed in Congress.

The bill presented by the Ministry of Economy in May 2015 is being discussed in Congress, where they are working on a draft with changes to the text. The proposed leniency regime "... could include economic agents that take part in or have become involved in anticompetitive practices and who intend to cooperate with the investigations."

Controlling Mergers in Costa Rica

October 2012

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.

Competition Bulletin, the Antitrust Commission (COPROCOM):

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

Competition Law for Guatemala

June 2012

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.

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.

Honduran Sugar Producers Sanctioned for Anti-Competitive Practices

March 2011

Six of the seven sugar mills operating in Honduras were fined a total of $ 3.2 million for monopolistic practices.

These are Chumbagua mills, CAHS, Yojoa, Choluteca, La Grecia and Tres Valles.

Elheraldo.hn published, "The penalty responds to violations of the Competition Law, specifically regarding Article 5, paragraph 1, which prohibits contracts, agreements, concerted practices, combinations or arrangements between competitors or competing operators with the purpose of establishing prices, fees or discounts."

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