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Competition Law of Latin America and The European Union

Competition Law of Latin America and The European Union

Author: Gabriela Mancero-Bucheli
Publisher: Juris Publishing
ISBN: 9781578230976
Published In: October 2001
Format: Hardback , 250 pages
Jurisdiction: European Union, Latin America ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book explores the ANCOM (Bolivia, Colombia, Ecuador, Peru and Venezuela) system of integration and practice in the field of competition law and policy by comparing and contrasting it with EC competition law. This is done by providing an analysis of those aspects of EC law that have either influenced or are likely to influence ANCOM law and practice, while at the same time providing commentary on the functioning of competition law and policy in the ANACOM countries and Latin America generally.

Abstract
Preface
Note on Citation
Table of Abbreviations
Introduction
PART I
ECONOMIC, LEGAL AND INSTITUTIONAL CONTEXT OF COMPETITION IN ANCOM

Chapter One - Economic Setting of Competition Policy in Ancom

1. The Structure of Trade in ANCOM

    1.1 Historical Background

    1.2 The Latin American Common Market

    1.3 The drafting of competition policy in ANCOM

    1.4 The concerns of competition policy in ANCOM

        1.4.1 Sovereignty concerns

        1.4.2 Attracting foreign investments

        1.4.3 Monopolies and oligopolies

        1.4.4 Unification of the market

        1.4.5 Differences among Member States

        1.4.6 Consumer Protection

        1.4.7 Scope of Application (black/informal markets)

Chapter Two - Legal and Institutional Framework of Competition Policy in Ancom

1. Sources of Ancom Law

    1.1 Primary Law

        1.1.1 The framework agreement

        1.1.2 Further Treaties and Protocols

    1.2 Secondary Law

        1.2.1 Law-Making Acts of the Institutions

        1.2.2 Case Law by the Andean Court Of Justice

2. Ancom Institutional Framework

    2.1 Organs Non-Directly Connected with Competition Law

    2.2 Organs Directly Connected With Competition Law

        2.2.1 Andean Commission

            2.2.1.1 Structure

            2.2.1.2 Law-making powers

            2.2.1.3 Regulation of competition

        2.2.2 General Secretariat

            2.2.2.1 Structure

            2.2.2.2 Decision-making powers

        2.2.3 Andean Court of Justice

            2.2.3.1 Structure

            2.2.3.2 Judicial review

PART II
ANDEAN COMMISSION DECISION 285 OF 1991:RESTRICTIVE PRACTICES AND ABUSES OF A DOMINANT POSITION

Chapter Three - Restrictive Practices by Private Undertakings

    Section I - Scope of Application of Decision 285

    1.1 Undertakings: to whom does Decision 285 apply?

    1.2 Agreements, decisions and concerted practices

        1.2.1 Agreements

        1.2.2 Concerted Practices

    1.3 May Affect Trade Between Member States

    1.4 Object or Effect

    Section II - Prohibited Practices

    2.1 Horizontal Restraints

        2.1.1 Price Fixing

        2.1.2 Collusive Tendering

        2.1.3 Market Division : Customers and territorial allocation

        2.1.4 Market Entry Barriers

    2.2 Vertical Restraints

        2.2.1 Exclusive Dealing and Exclusive Distribution Agreements

        2.2.2 Vertical Price Fixing - Resale Price Maintenance Agreements

        2.2.3 Selective Distribution

        2.2.4 Tie-in Agreements

        2.2.5 Franchising Agreements

        2.2.6 Agency Agreements

    Section III - Consequences of Breach and Exemptions

    3.1 Per se illegality v. Rule of Reason analysis

    3.2 Consequences of breach under ANCOM member states' legislation

        3.2.1 Peru

        3.2.2 Venezuela

        3.2.3 Colombia

        3.2.4 Sui generis approach by Decision 285

    Section IV - Enforcement and Procedural Aspects

    4.1 Complaint

    4.2 Undertakings with "legitimate interest"

    4.3 Procedure before the General Secretariat

    4.4 Measures

5. Conclusions

Chapter Four - Abuse of a Dominant Position

1. Undertakings

    1.1 State-owned Monopolies

    1.2 Oligopolies

2. The Effect on Inter-State Trade

3. Dominant Position

    3.1 The relevant product market

    3.2 Geographical market

4. Dominance

    4.1 Factors indicating dominance

        4.1.1 Market Shares

        4.1.2 Other factors indicating dominance

5. Abuse of Dominant Position

6. Particular Abuses

    6.1 Pricing

    6.2 Refusals to deal

    6.3 Refusal of access to essential facilities

    6.4 Imposing unequal conditions for commercial relations

    6.5 Tie-in Arrangements

7. Conclusions

Table of Cases

Table of Legislation

Bibliography

Index

Gabriela Mancero-Bucheli is head of the Business Law Department with Cavelier Abogados, one of Colombia's oldest and largest law firms. She is highly experienced in mergers and acquisitions, international contracts and the handling of company law. She also works on telecommunications, technology transfer contracts and matters concerned with competition law, as well as Andean Community legislation. She has published a number of articles in international journals, and is the Colombian correspondent for the IBA Antitrust and Trade Bulletin; and is the co-author of Doing Business in Colombia (Juris Publishing, 1998).