Government appoints members of the Council for the National Competition Commission

By Carla Sosa, Berkemeyer Attorneys & Counselors

By Presidential Decree No. 3827 of July 28, 2015 the members of the Council for the National Competition Commission where appointed. This Council will be responsible for the implementation of the antirust and competition law (Law No. 4956) enacted in 2013.

On July 28, 2015, the Executive branch has appointed the three Full Members of the National Competition Commission (Conacom), from a list submitted by the Minister of Industry and Trade, made on merit and skills, a proposal Ratings Board, in strict accordance with the procedure provided by Law No. 4956.

The agency will study complaints about alleged anticompetitive conduct in the market. The commission will act as a court to ensure that competition between companies is developed within the framework of the rules.

The Conacom will be responsible to resolve and decide upon all matters which are vested by this Act; prohibit and punish conduct restricting competition; propose policy guidelines of competition within the framework of economic policy; draw up resolutions by which the administrative procedures referred to in this Act are regulated; instruct summaries of research related to sanctionable conduct foreseen and typified in this Act; monitor implementation and enforcement of decisions and resolutions adopted in implementation of this Act; bring Merger Registry Defense of Competition; studying and researching the economic sectors, analyzing the situation and degree of responsibility of each one of them, as well as the possible existence of practices restricting competition; propose the adoption of measures leading to the removal of obstacles in the restriction of competition for protection; inform, advise and propose to the executive and legislative branches on restrictive agreements and practices, concentration and association, the degree of competition in the domestic and foreign markets relative to the domestic market, and on other issues relating to defense competition; interim measures and economic sanctions for breach of the obligations under this Act and its Regulations; among others.