Ley del Sistema Venezolano para la Calidad · Ley para el Control de los Ley Antimonopolio, Antioligopolio Y La Competencia Desleal. Competition is more commonly known as the ‘Ley Anti-Monopolio’. The new legislation applies to all companies carrying out activities in. Venezuela, including. Editorial Jurídica Venezolana, Caracas, p 15 Guerra VH, Escovar R () FUNEDA, Caracas, p83 Hernández JI () Comentarios a la Ley Antimonopolio.
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If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. The transaction by which The Coca-Cola Company acquired the former Pepsi bottlers in Venezuela in was not notified and afterwards was challenged by Pepsi before the Superintendency Resolution No. The request must be signed by an attorney. Otherwise, the approval is considered denied. If the transaction breaches the competition rules, the Superintendency may order the divestiture or the selling of part of the assets and even the dissolution of the merger.
Can remedies be negotiated, and, if so, at what stage in the process?
There must be a local nexus, such as presence antimonipolio a branch office or subsidiary or assets in Venezuela for the merger control regime to apply.
There has not been any decision on merger control in the past 12 months. There have been venezkela cases of foreign-to-foreign mergers being opposed by the Superintendency. The Superintendency also analyses barriers to entry, the dynamic of competition and efficiencies created out of the transaction. Neither the Competition Law nor the Merger Regulations contain special rules regarding particular sectors.
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What sanctions can be imposed and on whom? Specific rules apply lry the calculation of turnover in the cases of partial acquisitions, companies with antimonopolik subsidiaries and mergers of insurance companies. Whom do they consult? Yes, third parties may appeal a decision on a merger whether approving or denying the transaction.
The Superintendency defines the relevant market affected by the transaction and the levels of concentration.
The Superintendency must determine whether the transaction may affect competition in the relevant market. We have no references for this item. What are the prevailing theories of competitive harm and analysis, and how are they typically applied? All parties to a transaction must file the notification separately.
Venezuela: la ley antimonopolio
Since filing is voluntary, there is no triggering event to file the notification. What rights do third parties such as competitors, suppliers or customers have to intervene and participate in the investigation process, including rights to access the investigation file? Corrections All material on this site has been provided by the respective publishers and authors. In the case of transactions which are not notified to the Superintendency, third parties may request that the Superintendency open an investigation to evaluate the transaction ajtimonopolio after it een completed.
Internal company documents, such as documents prepared for the board and reports and strategy papers prepared during the negotiation of the deal, are rarely requested and must only be disclosed upon request by the authority.
There are no effective remedies in case of delays in issuing the approval by Conatel. Prior voluntary notification does not prevent consummation of the transaction. What are the investigative powers of the authority? In case of a vertical merger, it will evaluate the effects on each market.
What thresholds apply for determining whether a transaction must be notified? What is the timeline for review and clearance? Other chapters in Merger Control.
Lsy that are subject to merger control include any:.
Venezuela: la ley antimonopolio – CNN Video
There are no de minimis requirements for filing. Any transaction may be reviewed by the Superintendency, even conglomerate transactions.
Therefore, the lack of notification would not constitute a violation of the Venezuelan Competition Law and venezueela are no penalties for not filing. If during the investigation the Superintendency finds that there is evidence of possible restrictive effects on competition arising from the transaction, the Superintendency may open a formal process.
To what extent are economic efficiencies and non-competition issues taken into account in the review process? Is there a pre-notification requirement or custom antimonoolio a draft notification is submitted first to the authority for comments and questions to be addressed before formal notification is made? It also allows you to accept potential citations to this item that antimonopooio are uncertain about. Who are the authorities responsible for merger enforcement and how is responsibility for investigation and decision-making allocated between authorities or within an authority?
However, if one party does not have presence in Venezuela whatsoever, it may be advisable to avoid notification.