Submitted by the OAS Trade Unit to the FTAA Working Group on Competition Policies

Argentina

Acts and behaviors related to the production of trade of goods and services limiting, restricting or distorting competition or constituting abuse of a dominant position in a market, in a manner such, which may result in a damage to the general economic interest are prohibited and will be penalized pursuant to the rules of this law. (Article 1).

Acts and behaviors listed in Article 41are particularly included in Article 1, provided the conditions stated in it, occur. (Article 3).

Bolivia

All persons and entities, as well as those that violate the country's laws or commit crimes abroad whose effects are felt in, or intended to be felt in, Bolivia. (Constitution and Criminal Code).

Brazil

This law is applied to practices in all or part of the national territory, or that produce or may produce effects in it.

All physical or juridical persons of public or private law, as well as any associations of entities or persons, constituted de facto and by law, albeit on a temporary basis, with or without juridical personality, even if they exercise an activity under a legal monopoly regime, are subject to its provisions.

It provides for the joint liability of companies of the same economic group, and does not free directors or managers from individual liability.

Canada

Apart from certain exceptions outlined below, the Act applies to business in all sectors of the Canadian economy. This Act is binding on and applies to an agent of Her Majesty in right of Canada or a province that is a corporation, in respect of commercial activities engaged in by the corporation in competition, whether actual or potential, with other persons to the extent that it would apply if the agent were not an agent of Her Majesty. (Section 2.1).

Colombia

Encompasses the national market and any person or entity carrying on an independent economic activity of whatever legal form or nature. (Article 2 (1) of Decision 2153).

Costa Rica

The legal provisions concerning the promotion of competition apply to all economic agents. (Article 9).

In the market, any person or public or private legal entity engaged in any type of economic activity as a buyer, seller, requester, or provider of goods or services, in their own name or on behalf of others, regardless of whether they are imported or domestic or whether they have been produced or provided by him or by a third party. (Article 2).

Chile

The law applies to all persons, national or foreign, including the state itself.

With regard to geographical coverage, the law applies to restrictive practices committed in national territory and those abroad to the extent that they affect free competition within the country.

The economic sector covered is any extractive, productive, commercial, or service area, without any exception whatsoever.

Dominican Republic

The provisions on competition are applicable in the territory of the Dominican Republic to the trade in goods and services deemed to be basic necessities.

Guatemala

The laws referred to are of general applicability, and therefore apply to all persons within the Republic.

Jamaica

The Act applies to any acquisition, agreement, advertisement, business, dealer, enterprise, group, group of interconnected companies, interconnected companies whether industrial, trade, professional or otherwise, that supply or trade in goods and/or services, which lessens, hinders or prevents competition within the territory of Jamaica.

For the purposes of this Act, the effect on competition in a market shall be determined by reference to all factors that affect competition in that market, including competition from goods or services supplied or likely to be supplied by persons not resident or carrying on business in Jamaica. (Section 2).

Mexico

The present Act implements Article 28 of the Constitution with respect to monopolies and free competition among economic agents. Its provisions shall be in effect throughout the territory of the Republic and apply to all areas of economic activity. (Article1).

The provisions of the Act apply to all economic agents, including natural and juridical persons; agencies and entities of federal, state and local governments; professional groups and associations; trusts; and any other manner of participation in economic activities. (Article 3).

Panama

This Law shall apply to all economic agents, whether natural or juridical persons, private enterprises or state or municipal institutions, manufacturers, merchants or professionals, for-profit or non-profit entities, or any others who are involved in any way as active participants in economic activity. (Article 2).

Peru

The law applies to all persons and entities under public or private law that undertake economic activities. It also applies to all persons who direct or represent corporations, institutions, or entities when they take part in the acts or practices prohibited by this law. (Article 2).

United States

From the beginning of U.S. antitrust history in 1890, there has been a strong presumption against exempting economic sectors from the application of the antitrust laws. Accordingly, the vast bulk of U.S. commerce is subject to antitrust discipline, and no sector is totally excluded from the antitrust laws. Over time, however, some economic sectors or types of behavior have been partially exempted from the antitrust laws, through explicit statutory authorization or judicial decisions based on statutory interpretation.

The U.S. antitrust laws apply to anticompetitive business conduct that affects U.S. domestic or foreign commerce. Under the effects doctrine, jurisdiction exists for import commerce when there are actual or intended effects on the U.S. market; for non-import commerce, when there is a "direct, substantial, and reasonably foreseeable effect" on U.S. trade and commerce, or on U.S. export trade and commerce.

Venezuela