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.
The lack of a competition law in Guatemala could expose the country to sanctions from the European authorities, since it is a requirement demanded in the regulations of the Association Agreement with the European Union.
Since the end of 2016, the Association Agreement (AdA) required Guatemala to have a law on the matter, since in 2019 a Central American competition authority would have to be created. However, it cannot operate, because there is no legal framework.
Running counter to a recommendation from the OECD to strengthen the independence and resources of work by the bodies that oversee competition, the Ministry of Finance will be intervening in the Commission's own tasks.
An article on Crhoy.com reports that "... A restructuration managed from the office of the Minister of Economy, Welmer Ramos, has resulted in the temporary disintegration of the Commission for the Promotion of Competition (COPROCOM) from 1 July. "
In Costa Rica the regulatory body has agreed to the commitment made by Essilor Internacional not to distort the market by blocking raw materials or price discrimination, as a condition for the purchase of Grupo Vision.
From a statement issued by the Commission to Promote Competition (COPROCOM):
Four months ago mergers and acquisitions in Costa Rica were conducted without any governmental control.
Now, operations of this type over $15 million must be authorized by the Commission to Promote Competition (COPROCOM) in the first four months of rule of law, four mergers or acquisitions of companies have been authorized
As of April 5 mergers and acquisitions will have to be approved at the Antitrust Commission, part of the Ministry of Economy, Industry and Trade, before they can take place.
From that date, the Antitrust Commission, at the Ministry of Economy, Industry and Commerce (MEIC), will have the power to approve or deny deals, if it is concluded that they would result in undue concentration of business. The activities which must be reported to this Committee are those in which the assets of the companies involved exceed $15 million.
Under public consultation in Costa Rica is the draft Regulation to the partial reform of the Law on Promotion of Competition and Effective Consumer Protection.
From Competition Bulletin No. 156 by the Commission to Promote Competition (COPROCOM) in Costa Rica:
The Association Agreement with the EU will involve the creation of a regional body for the implementation of regional competition policies.
From the newsletter of the Costa Rica’s Commission to Promote Competition (COPROCOM):
The single market is one of the greatest achievements of the European Union. They have gradually been eliminating restrictions on trade and competition between Member States, which has resulted in an increase in living standards. This same challenge now faces the Central American region, and the authorities responsible for regulation will play a crucial role in ensuring success.
The Law on Promotion of Competition and Effective Consumer Protection recently approved typifies monopolistic practices and changes the rules on economic groups.
Two of the most important changes are expanding the scope of the law, which now includes public service employees in cases of concessions and the introduction of a new absolute monopolistic practice: the agreement between competitors to 'refuse to buy or sell goods or services'.
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.
The reform, published in the Official Journal, includes regulations for advertising.
It provides an effective process to procedures due to complaints from consumers.
"It also creates the 'consumer associations net ' as an impulse from the state to organized civil societies, and designating the Department of Consumer Advocacy as the entity which will coordinate the efforts between these organizations and public institutions," according to Elfinancierocr.com.
A law regulating monopolistic behavior received yesterday the initial approval in Congress, despite the dissatisfaction of business groups.
Members of the Committee on Economic Affairs ruled the project called 'Competition Promoting Act', which create the Commission for the Promotion of Competition (COPROCOM) and powers it to confiscate business documents, if authorized by a judge.
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