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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According to antimonopoio Merger Guidelines, there are several aspects to consider in determining whether a transaction is anti-competitive. The Superintendency must determine whether the vejezuela may affect competition in the relevant market. To what extent are economic efficiencies and non-competition issues taken into account in the review process?
Prior voluntary notification does not prevent venezhela of the transaction. Are there safe harbours and what are they?
What thresholds apply for determining whether a transaction must be notified? However, if the threshold is met, the Superintendency may open a proceeding to investigate the impact of any transaction on competition in the Venezuelan market within five years of the closing of the transaction. However, after closing, the Superintendency may open ex officio or at the request of third parties an investigation to determine venezuelaa a merger thata was not notified may have restrictive effects on competition.
Are there published guidelines for merger analysis? We have no references for this item. The Venezuelan competition rules on mergers are contained in: Where there is an obligation not to close the transaction pending review, is there any alternative available to allow closing before formal clearance? However, prior notification does not prevent consummation of the transaction.
Venezuela: la ley antimonopolio
There are no de minimis requirements for filing. Mergers or acquisitions concluded by foreign entities outside Venezuela that may have an impact on competition in the Venezuelan market may be reviewed by the Superintendency. General contact details of provider: Transactions that do not imply gaining control over another entity are not subject to the Merger Regulation.
The parties are bound by the Superintendency’s decision.
This allows to link your profile to this item. Is there a vehicle for reconsideration by the authority of its decision? All parties to a transaction must file the notification separately.
There have been no cases of foreign-to-foreign mergers being opposed by the Superintendency.
Venezuela: la ley antimonopolio – CNN Video
The amount is calculated by adding the sales revenues for the last financial year of the parties of the merger, before deducting sales, discounts, value added tax and other taxes directly related to the business. Pre-notifications meetings are not common. Collective dominance is not analysed in merger cases. The investigation of a transaction that raises competition concerns may last between six months and one year.
Is there a standard form? Therefore, closing of the transaction can only take place after such authorisation is issued. Is there a triggering event that requires a filing to be made within a specified period?
venezufla Since filing is voluntary, there is no triggering event to file the notification. Are there agreements in place to exchange information with foreign competition authorities?
Pre-notification contacts are informal and there antumonopolio no standard procedure to follow. E-mail our Co-Publishing Manager. Is notification and its content publicised? Is this practice useful? RePEc uses bibliographic data supplied by the respective publishers. 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 antimonopilio the previous year.
It is always up to the parties to decide whether to file a voluntary notification.
Venezuela – Reference – Latin Lawyer
In its opinion the Superintendency may recommend Conatel to impose certain conditions to approve the transaction. Under the Venezuelan Competition Law, filing is not mandatory.
The Antmonopolio Capital Markets Law provides that any person intending to commence a tender offer of a listed company shall notify its intention to the Venezuelan Securities Authority.