OAS

 
Competition Policy: National Legislation
 


NATIONAL LEGISLATION ON COMPETITION POLICY

 

 Argentina Guatemala
 Bolivia  Jamaica
Barbados  Mexico
 Brazil  Nicaragua
 Canada  Panama
 Chile  Peru
 Colombia  United States of America
 Costa Rica Uruguay
 Dominican Republic  Venezuela



 Argentina
bulletLaw 25.156, on Protection of Competition National Decree 1.019 of 1999 [only available in Spanish]

 


 Bolivia
bullet Political Constitution. Articles 134, 142 and 233. [only available in Spanish]
bullet Investment Law.
bullet Sectoral Regulation Systems Law (Sirese).

 Brazil

bullet Constitution of Brazil, promulgated in 1988. Articles 170, 173 and 174. [only available in Portuguese]
bullet Law No. 9021 of March 30, 1995. Provides for implementation of the autonomy of the Administrative Council for Economic Defense (CADE), established by Law 8.884 of June 11, 1994. [only available in Portuguese]
bullet Law No. 8.884, of June 11, 1994 (Enacted originally in 1962 and amended in 1990 and revised in 1994). Transforms the Administrative Council for Economic Defense (CADE) into an autonomous government agency and provides for prevention and prosecution of infractions against the economic order. [English | português]
bullet Law No. 8.137 of December 27, 1990. Defines crimes against the tax and economic order, and against relations of consumption. [only available in Portuguese]
bullet Law No. 7.347 . of June 24, 1985, amended by the single paragraph of article 88 of Law No. 8.884 of June 11, 1994. Regulates the civil action for liability for damages caused to free competition or any other diffuse or collective interest[only available in Portuguese]
bullet Government order No. 186 of the Ministry of Justice of April 30, 1992. Approves the by-laws of the Administrative Council for Economic Defense.

 Canada
bullet The Competition Act R.S.C., 1985, c. C-34 [English | français]
bullet The Consumer Packaging and Labelling Act [English]
bullet The Textile Labelling Act and Textile Labelling and Advertising Regulations [English | français]
bullet The Precious Metals Marking Act and Regulations [English]

 

 Chile


bullet Constitution. Article 19 (21) and (22). [only available in Spanish]

bullet Law 19.610 of 1999 amending Decree Law No. 211 of 1973.
bullet Decree No. 511 of September 17, 1980, which contains the recast, coordinated, and systematic text of Decree Law No. 211 of 1973, which established the Rules for Defense of Free Competition.

 Colombia

bullet Constitution of 1991. Articles 333 and 334. [only available in Spanish]
bullet Decree Law No. 2153 of 1992, which reestructured the Superintendency of Industry and Commerce. [only available in Spanish]
bullet Decree No. 1302 of 1964, which regulated Law 155/59 on restrictive trade practices. [only available in Spanish]
bullet Law No. 155/59 on Restrictive Trade Practices. Article 4 of this Law was amended by Article 118 of Decree 1666 of 2000. [only available in Spanish]
bullet Decision 285 of the Commission of the Cartagena Agreement, with Rules for Prevention or Correction of Distortion in Competition Caused by Practices that Restrict Free Competition.
[ English | español ]
 

 Costa Rica
bullet Political Constitution of the Republic. Article 46. [only available in Spanish]
bullet Law No. 7472 on Promotion of Competition and Effective Consumer Defense of December 20, 1994. Published in the Federal Register of January 19, 1995. [only available in Spanish]
bullet Unforseen circumstances may, in addition, be subject to provisions of the General Law No. 6227 on Public Administration of May 2, 1978. Published in the Federal Register of May 30, 1978 (hereinafter referred to as "General Law").
bullet Executive Decree No. 24234-MEIC, containing the Regulations of the Law on Promotion of Competition and Effective Consumer Defense, 25 January 1996. Published in the Federal Register on July 1, 1996 (hereinafter referred to as "Regulations"). [only available in Spanish]
bullet Law No. 3367 on the Regulation of Judicial Proceedings: Executive Act of 12 March 1966. Published in the Federal Register on April 17, 1966 (hereinafter referred to as the "Regulations Law").

 Dominican Republic

bullet Constitution of August 14, 1994. Article 8 (12) on free enterprise and establishment of monopolies in favor of the state or as provided in law. [only available in Spanish]
bullet Criminal Code. Articles 419 and 420.
bullet Law No. 770 of October 26, 1934.
bullet Law No. 13 of 1963. Articles 12 and 13.

 Guatemala

bullet Political Constitution of the Republic of Guatemala, Articles 39, 43,
118, 119 inciso h), 130.
[only available in Spanish]
bullet The Commercial Code, Congressional Decree 2-70, Artcles 361, 362, 363, 364, 365, 366 and 367.
bullet The Criminal Code, Congressional Decree 17-73, Articles 340, 341 and 353.
bullet The Consumer Protection Law, Decree-Law 1-85.

 Jamaica

bullet The Fair Competition Act of 1993, enacted on March 9, 1993 and entered into effect on September 9, 1993.

 Mexico

bullet 1917 Constitution. Article 28. [only available in Spanish]
bullet Federal Law on Economic Competition. Diario Oficial de la Federación  (Federal Register) December 24, 1992. [English | español]
bullet Regulations of the Federal Law on Economic Competition (LFCE) Official Gazette of the Federation, March 4, 1998). [English | español]
bullet Internal Regulations of the Federal Commission on Competition (Official Gazette of the Federation, August 28, 1998). [only available in Spanish]

 Nicaragua
bullet Law No. 125, April 10, 1991, "Law that creates the Superintendencia (Regulatory Body) for Banks and other Financial Institutions".
bullet Law No. 200, August 18, 1995, "Law on Telecommunications and Postal Services".
bullet Law No. 277, February 6, 1998, "Law on Oil Distribution." Chapter VI on promotion of competition. [only available in Spanish]
bullet Law No. 272, April 23, 1998, "Electrical Industry Law." [only available in Spanish]
bullet Law No. 271, April 1, 1998, "Amendments to the Law of the Nicaraguan Institute of Energy (INE)."

 Panama

bullet Law No. 29 of February 1, 1996, whereby rules on the Protection of Competition are established and other measures are adopted. [only available in Spanish]
bullet Executive Decree No. 31 (September 3, 1998): "Regulations of Title I (monopoly) and other provisions of Law 29 of February 1, 1996.

 Peru

bullet Constitution of 1993. Articles 58, 60 and 61. [only available in Spanish]
bullet Decision 285 of the Board of the Cartagena Agreement.
bullet Legislative Decree No. 688 on Measures to Guarantee Free International and Domestic Trade.
bullet Legislative Decree No. 757 on principles and rules for the expansion of private investment.
bullet Decree Law No. 25.868 on the organization and functions of INDECOPI. [only available in Spanish]
bullet Legislative Decree No. 701 Against Monopolistic Practices, Controls, and Restraints on Free Competition. "El Peruano" Federal Register, November 7, 1991. [only available in Spanish]
bullet Legislative Decree No. 788, amending Legislative Decree No. 701.
bullet Legislative Decree No. 807, amending Legislative Decree No. 701. [only available in Spanish]
bullet Law Nº 26.876 Power Sector Antitrust Law. Official gazette "El Peruano", November 19, 1997. [only available in Spanish]
bullet Supreme Decree 017-98-ITINCI regulating the Power Sector Antitrust Law. Official gazette "El Peruano", October 16, 1998. [only available in Spanish]

 United States of America

bullet Sherman Act, 15 U.S.C. Sections 1-7.
bullet Clayton Act, 15 U.S.C. Sections 12-27.
bullet Federal Trade Commission Act, 15 U.S.C. Sections 41-51.

 Venezuela

bullet Law for Promotion and Protection of the Excercise of Free Competition. Federal Register No. 34.880 January 13, 1992. [only available in Spanish]
bullet Regulation No. 1 concerning the System of Exceptions. Federal Register No. 35.202 of May 3, 1993. [only available in Spanish]
bullet Regulation No. 2 concerning the System of Economic Concentration. Federal Register No. 35.963 of May 21, 1996. [only available in Spanish]
bullet Resolution No. 036-95 on the Blanket Exemption for Agreements on Exclusive Supplies and Purchases. Federal Register No. 35.801 of September 21, 1995. [only available in Spanish]

Uruguay

bullet Ley No 17.243 sobre Servicios Públicos y Privados, Seguridad Pública y Condiciones en las que se desarrollan las actividades productivas, Capítulo IV. Diario Oficial de 6 de julio de 2000. [only available in Spanish]
bullet Decreto sobre Defensa de la Competencia de 15 de marzo de 2001. [only available in Spanish]