Inventory of Domestic Laws and Regulations Relating to
Competition Policy in the Western Hemisphere
Submitted by the OAS Trade Unit to the FTAA Working Group on Competition Policies
I. Regulatory Framework
Argentina
1. Amendments to 1994 Constitution. Articles 42 and 43.
2. Law No. 22,262 of 1980 for the Defense of Competition.
3. Decree No. 2,284 of 1991 on Deregulation of Domestic Commerce in Goods and Services.
Bolivia
Political Constitution. Articles 134, 142 and 233.
Investment Law.
Sectoral Regulation Systems Law (Sirese).
Brazil
1. Constitution of Brazil, promulgated in 1988. Articles 170, 173, and 174.
2. 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.
Complementary Legislation
3. Law No. 8,137 of December 27, 1990. Defines crimes against the tax and economic order, and against relations of consumption.
4. Law No. 9,021 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.
5. 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.
6. 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
Federal Competition Act. R.S.C., 1985, c. C-34, which came into force on June 19, 1986.
Colombia
1. Constitution of 1991, Articles 333 and 334.
2. Decree Law No. 2153 of 1992, which restructured the Superintendency of Industry and Commerce.
3. Decree No. 1302 of 1964, which regulated Law 155/59 on restrictive trade practices.
4. Law No. 155/59 on restrictive trade practices.
5. Decision 285 of the Commission of the Cartagena Agreement, with Rules for Prevention or Correction of Distortion in Competition Generated by Practices that Restrict Free Competition.
Costa Rica
1. Political Constitution of the Republic, Article 46.
2. Law No. 7472 on Promotion of Competition and Effective Consumer Defense of December 20, 1994. Published in the Federal Register of January 19, 1995.
3. Unforeseen 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").
4. Executive Decree No. 25234-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").
5. 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").
Chile
1. Constitution, Article 19 (21) and (22).
2. 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. Published in the Federal Register No. 30,800 of October 27, 1980.
Dominican Republic
1. 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.
2. Criminal Code. Articles 419 and 420.
3. Law No. 770 of October 26, 1934.
4. Law No. 13 of 1963. Articles 12 and 13.
Guatemala
1. The Political Constitution of the Republic of Guatemala, Articles 39, 43, 118, 119 paragraph h), 130.
2. The Commercial Code, Congressional Decree 2-70, Articles 361, 363, 364, 365, 366, and 367.
3. The Criminal Code, Congressional Decree 17-73, Articles 340, 341 and 353.
4. The Consumer Protection Law, Decree-Law 1-85.
Jamaica
The Fair Competition Act of 1993, enacted on March 9, 1993 and entered into effect on September 9, 1993.
Mexico
1. 1917 Constitution. Article 28.
2. Federal Law on Economic Competition. Diario Oficial de la Federación (Federal Register), December 24, 1992.
Panama
Law 29 of February 1, 1996, whereby rules on the Protection of Competition are established and other measures are adopted.
Peru
1. Constitution of 1993. Articles 58, 60, and 61.
2. Decision 285 of the Board of the Cartagena Agreement.
3. Legislative Decree No. 688 on Measures to Guarantee Free International and Domestic Trade.
4. Legislative Decree No. 757 on principles and rules for the expansion of private investment.
5. Decree Law No. 25,868 on the organization and functions of INDECOPI.
6. Legislative Decree No. 701 Against Monopolistic Practices, Controls, and Restraints on Free Competition. "El Peruano" Federal Register, November 7, 1991.
7. Legislative Decree No. 788, amending Legislative Decree No. 701.
8. Legislative Decree No. 807, amending Legislative Decree No. 701.
United States
1. Sherman Act, 15 U.S.C. Sections 1-7.
2. Clayton Act, 15 U.S.C. Sections 12-27.
3. Federal Trade Commission Act, 15 U.S.C. Sections 41-51.
4. Numerous other federal statutes govern the antitrust treatment of particular sectors of the economy.
5. 49 states have enacted antitrust laws similar to the federal laws
Venezuela
1. Constitution, Article 96.
2. Law for Promotion and Protection of the Exercise of Free Competition. Federal Register No. 34,880 of January 13, 1992.
3. Regulation No. 1 concerning the System of Exceptions. Federal Register No. 35,202 of May 3, 1993.
4. Regulation No. 2 concerning the System of Economic Concentration. Federal Register No. 35,963 of May 21, 1996.
5. Resolution No. 036-95 on the Blanket Exemption for Agreements on Exclusive Supplies and Purchases. Federal Register No. 35,801 of September 21, 1995.
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