JULY-10(1)

In this issue: Our Latin American issue is presented by Danny Sokol who, with Eleanor Fox, recently published Latin American Competition Law and Policy. In Argentina, Julián Peña takes a hard look at the increased judicialization of antitrust. Moving to Brazil,  Ana Paula Martinez, director of the SDE, provides a historical context for cartel enforcement […]

Amendments to Improve the Mexican Competition Law

Gerardo Calderon-Villegas, Jul 14, 2010 In April 2010, President Felipe Calderon sent the Mexican Congress a bill to amend the Federal Law of Economic Competition (“LFCE”) and other statutes, in order to strengthen competition policy and law enforcement. This bill has been approved with some minor changes and additions by the House of Representatives and […]

Transition and Transformations in Latin American Competition Law and Policy: An Introduction

Daniel Sokol, Jul 14, 2010 Last year, Eleanor Fox and I published Latin American Competition Law and Policy. We attempted to fill a gap by editing a volume that examined how Latin American countries addressed competition law and policy, both at the country level and regionally. What emerged from the book was a picture of […]

Antitrust Enforcement in Argentina Under Stricter Judicial Scrutiny

Julian Pena, Jul 14, 2010 In the past couple of years, the courts have become increasingly stricter when reviewing decisions taken by the antitrust authorities in Argentina. Although historically the courts of appeals have sometimes overturned fines imposed by the antitrust authorities, in recent months different courts of appeals have questioned certain powers of either […]

2003-2010: Brazil’s Anti-Cartel Effort”What’s Next?

Ana Paula Martinez, Jul 14, 2010 According to the OECD 2010 Competition Law & Policy in Brazil-A Peer Review, “Brazil’s anti-cartel programme is now widely respected in Brazil and abroad” and “In a few short years Brazil has developed a programme for criminally prosecuting cartels that places it as one of the most active of […]

Recent Developments in Brazilian Competition Law and Policy

Paulo Leonardo Casagrande, Caio Mario da Silva Pereira Neto, Jul 14, 2010 Nowadays, Brazil is considered an increasingly sophisticated jurisdiction in competition law matters. The Brazilian competition authorities are internationally recognized for a strong and creative cartel enforcement program and their efforts to streamline merger review procedures. They are also respected in other parts of […]

The Interface Between Competition Law and Regulation in ChileWho’s the Boss?

Paulo Montt, Jul 14, 2010 The context of post-liberalization has led to different tensions between competition law and regulation in several markets such as telecommunications and electricity. Whereas certain segments of those markets remain considerably regulated, competition prevails in other sectors. However, competition law and regulation coexist in most segments and this interface has created […]

Collusion Among Health Insurers in Chile: Good, Bad, and Ugly Reasons in a Split Decision

Claudio Agostini, Eduardo Saavedra, Manuel Willington, Jul 14, 2010 In 2002 five of the largest Chilean private health insurance providers (“Isapres”) reduced the coverage they offered to their members without reducing the price of their plans. In other words, their members were given worse health plans than they previously had, but at the same price. […]

Competition Law Reform in Mexico: A Note on Joint Dominance

Victor Pavon-Villamayor, Jul 14, 2010 On April 30, 2010, the Mexican Congress approved a long-awaited set of reforms to the Federal Competition Law (“FCL”).The reform is particularly broad in terms of the general areas of interest covered: 1.     A first set of reforms deals with the enhancement of the transparency through which the Mexican Competition […]