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Recently the Antitrust Commission in Honduras drafted a Guide of
Reference Document fro the proper definition of Relevant Market
adapted to local law. The document was exposed before many
professionals related to Antitrust and law firm CENTRAL LAW
Honduras has been invited to participate.
In Honduras, Antitrust Law is ruled by Legislative Decree
357-2005 published in La Gaceta Nº 30920 of February 4th 2006
and by internal resolutions of the Antitrust Commission (in
Spanish, CDPC).
The aim of the Law is to promote and protect the free exercise
of free competition to procure an efficient performance of the
market and consumer welfare.
Economic conglomerates are ruled to avoid abuse from companies
with dominant market position; it prohibits the commitment of
restrictive activities of free competition. Also, the Law eases the
coordination and cooperation between CDPC and the Regulatory
Commissions of Banks, Insurances, Telecommunications and
Energy.
Guide Document of Reference for the definition of Relevant
Market:
The document defines market as a process that helps to evaluate
if the practices/conduct of economic agents damage consumers or the
antitrust process or if economic conglomerates carry the risk of
being harmful.
The document has two main purposes: a) provide a description of
the best international practices used for the value of relevant
market and b) provide the economic agents and their legal counsel a
guide about how the competition authorities analyze the relevant
market to valorize the legality of the practices and /or conduct or
of economic groups in which economic agents are currently involved
or could be involved in the future.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Click to Login as an existing user or Register so you can print this article.
On December 1, 2011, after nearly seven years of ongoing deliberations, President Dilma Rouseff finally sanctioned the bill of law amending several sections of the Brazilian Antitrust Law.
Em 4 de abril de 2013, a Agência Nacional do Petróleo, Gás Natural e Biocombustíveis ("ANP") emitiu o Ofício Circular nº 003/2013/SEP ("Ofício Circular"), por meio do qual deixou claro que a cessão de direitos e obrigações decorrentes de contratos de concessão referentes à exploração e produção ("E&P") de petróleo e gás natural está sujeita a aprovação prévia do CADE, autoridade concorrencial brasileira.
On May 29, 2012, Brazil's New Merger Law entered into force and the Administrative Council for Economic Defense ("CADE") issued Merger Regulations that further define what transactions must be reported and what filing procedures followed in Brazil's new pre-merger control regime.
The Brazil Administrative Council for Economic Defense (CADE) and the National Agency of Petroleum, Natural Gas and Biofuels (ANP) have recently executed a cooperation agreement ("Cooperation Agreement"), with the purpose of coordinating the activities of both agencies.
The Brazilian antitrust authority has recently issued an amendment to the current rules governing cease and desist commitments in administrative proceedings for the investigation of antitrust infringements.
Protection against unfair competition is founded on the principles established in the Federal Constitution of 1988, with respect to economic policy, namely free competition and consumer protection and control of abuse of economic power and unfair competition.
The Brazilian competition authority, CADE (Administrative Council for Economic Defense), has published a proposed regulation for settling potential antitrust liability for cartel activity.
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