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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Are there filing fees? Under the Venezuelan Competition Law, filing is not mandatory. There have been no cases of foreign-to-foreign mergers being opposed by the Superintendency. Is there any additional sector- or industry-specific merger regulation legislation?
There are no de minimis requirements for filing. Conversely, any operation that does not meet the threshold may not be subject to review by the Superintendency. 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.
Venezuela: la ley antimonopolio
Where pre-closing notification and approval is required, can a transaction that has been approved be challenged after closing? Questions Applicable legislation and the competent authorities 1. More about this item Statistics Access and download statistics Corrections All material on this site has veneauela provided by the respective publishers and authors.
The Superintendency has the power to take appropriate measures for the purpose of restoring effective competition if affected by a merger. There must be a local nexus, such as presence as a branch office or subsidiary or assets in Venezuela for the merger control regime to apply. With the notification, the person intending to commence the tender offer must inform the Securities Commission of the effects of the transaction on competition, according to the Competition Law.
In this case, the Superintendency must notify the parties, which have 15 business days which antimonopplio be extended for 15 additional days to present evidence and arguments. Is this practice useful? When requesting a correction, please mention this item’s handle: Is there a simplified notification procedure with accelerated review periods?
Venezuela – Reference – Latin Lawyer
The investigation of a transaction antmonopolio raises competition concerns may last between six months and one year. If so, please describe and provide recent examples where reconsideration led to a revised outcome. What sanctions can be imposed and on whom? Under the Competition Law filing with the Superintendency is voluntary.
Venezuela: la ley antimonopolio – CNN Video
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Administrative court decisions can be appealed to the political and administrative chamber of the Supreme Tribunal of Justice. Do the authority and its staff share their concerns about leyy transaction with transaction parties at each stage of review? Is there any guidance from the authority as to how the parties should conduct business between signing and closing? You can help adding them by using this form.
Although interested parties may request confidentiality to certain information applicable to other parties of the proceeding, such confidentiality is rarely granted. We have no references for this item. All parties to a vneezuela must file the notification separately. What are the risks if the parties do not file, if the transaction is closed before clearance or if notification is untimely?
The Superintendency defines the relevant market affected vnezuela the transaction and the levels of concentration. If you know of missing items citing this one, you can help us creating those antimnoopolio by adding the relevant references in the same way as above, for each let item. See general information about how to correct material in RePEc.
Such measures include dissolution of the transaction, divestiture, or the imposition of fines of up to 20 per cent of the gross sales of the offending party for the previous year. The economic pey would be comprised of companies controlled by the parties in Venezuela or companies in Venezuela that exercise control over the parties. With respect to notifiable transactions that raise obvious competition concerns, what is the expected time frame from notification to a decision? However, if one party does not have presence in Venezuela whatsoever, it may be advisable antimpnopolio avoid notification.
Are parties that are required to file notification of a transaction pre-closing obliged not to close their transaction pending regulatory review? Who are the authorities responsible for merger enforcement and how is responsibility for investigation and decision-making allocated between authorities or within an authority?
What are the prevailing theories of competitive harm and analysis, and how are they typically applied? What weight, based on your experience, does the authority give to the information provided?
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.
According to the Merger Guidelines, there are several aspects to consider in determining whether a transaction is anti-competitive.