Panama: Brewery Appeals Fine

Stating that there are enough elements to reduce the amount, the National Brewery has appealed the fine of $50 thousand imposed by Acodeco, after it was accused of alleged monopolistic practices.

Thursday, May 17, 2018

="ltr">Following the Acodeco's decision, through the National Directorate of Free Competition, to impose the maximum administrative penalty for monopolistic practices of $50 thousand on Cervecería Nacional, the company has filed an appeal in which it requests that the amount of the established fine be modified.

See "Alcoholic beverage market in Central America"

For its part Acodeco reported that " ... at the time of establishing the sanction, the process was 'moderate and fair', and the factors to determine the amount of the fine were: the seriousness of the fault, the size of the company, if there is recidivism and any other aggravating or mitigating circumstance to the anti-competitive act, where it can not be overlooked that the violation of the norm was carried out by an economic group made up of four companies."

See also "Production of alcoholic beverages grows 5%"

An article in Laestrella.com.pa adds that " ... in order to determine the sanction, the legal personnel took into account Law 29 of February 1, 1996, which was in force at the time when the anti-competitive conduct took place, whose maximum penalty for this type of behavior is $50,000, an amount that does not satisfy the market restriction that the company Cervecería Nacional and its subsidiaries committed."

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More on this topic

Drinks: Monopolistic Practices in Panama

May 2018

According to the Acodeco, the economic group formed by Cervecería Nacional and its subsidiaries Distribuidora Comercial, Refrescos nacionales and Financiera Pasadena committed "monopolistic practices by preventing the permanence and entry of its only direct competitor."

From Acodeco's statement: 

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Coca Cola Fined for Anti-Competitive Practices

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The penalty imposed by the Commission to Promote Competition in Costa Rica has been upheld after the First Chamber of the Supreme Court declared the last appeal filed by the company irrelevant.

The penalty for monopolistic practices, dating back to May 2004 was because the bottler apparently made exclusive contracts with vendors and fixed prices.

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May 2012

The penalty was applied to the companies for having implemented actions that caused obstacles to the entry of competitors or expansion of existing ones.

The statement of the Superintendency of Competition:

SC sanctions DIZUCAR for abusing its dominant position

The Superintendence of Competition (SC) has fined the company Distribuidora de Azúcar y Derivados, S.A.

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