M&A and Non-Compete Clauses in Ecuadorian Competition Law and Practice
By Luis Marin-Tobar & Daniela Irigoyen-Samaniego* Ecuador has had a standing competition law since October 13, 2011, when the Organic Law for the Regulation and Control of Market Power (“Competition Law”) was enacted. This legal framework includes provisions which prohibit unjustified Non-Compete agreements, marking them as a form of abuse of dominance in Art. […]
Competition in the Energy Sector: Recent Developments in Latin America
By Paulo Burnier da Silveira and Thaiane Abreu1 Introduction The energy sector has been under the careful watch of policymakers and competition authorities. It is an industry with particular characteristics that justify a special degree of attention, including the importance of guaranteeing a reliable energy supply, as well as environmental considerations, non-storability (in most […]
Balancing Public and Private Enforcement: Developments in Argentina, Brazil, and the EU
By David Fila1 The last two decades have seen extraordinary legislative efforts in the European Union (EU) and Latin America to strengthen both public and private enforcement of competition laws, especially through the implementation of leniency programs, and the development of public and special regimes for follow-on damage claims for private enforcement. Experiences in […]
Competition Law in Latin America Is Facing New Challenges
By Julián Peña1 In recent years, the Latin America region has seen and will continue to see a process that has brought big changes. Competition law enforcement has not been immune to this. The uncertainty that prevails over many Latin American countries has begun to take a toll on the development of their competition […]
Predatory Pricing in the Light of Colombian Antitrust Law
Predatory pricing has been established as an abuse of dominance forms of conducting Colombia. The law describes two different conducts dealing with the same kind of practice: predatory pricing, and regional predatory pricing. This conduct will take place when a dominant company lowers prices below its cost level, aimed at maintaining or increasing its dominance […]
CPI TV Ten Minutes With FNE National Economic Prosecutor Ricardo Riesco
Below, we have provided the full transcript of the interview with Ricardo Riesco, National Economic Prosecutor of Chile’s Competition Authority, the Fiscal Nacional Económico (FNE), recorded on October 22, 2021. This is part of a series of videos that CPI is producing where we will interview the heads of various NCAs all around the world. […]
Incipient Digital Markets: Insights from Chilean Case Law
By Manuel Abarca Meza* I. Introduction “Digital-Mania” in Competition Law has finally arrived in Chile, one might think at first sight. On the one hand, several academic activities discussing “challenges” to Competition Law have taken place. On the other hand, the national competition authorities, the Fiscalía Nacional Económica (“FNE,” Chilean Competition Authority) and the […]
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