24-25 September 2019 San Pedro Sula, Honduras
The Latin American and Caribbean Competition Forum brings together high-level competition officials each year to promote dialogue, consensus building and networking among policy makers and enforcers in the region. The 2019 Forum took place in San Pedro Sula, Honduras on 24 25 September 2019, and was hosted by the Comisión para la Defensa y Promoción de la Competencia (CDPC).
Agenda • Presentations • Summary record
Session 1. Fining methodologies for competition law infringements
Across Latin America and the Caribbean, competition law offenders are often subject to fines. These fines can play a critical role in deterring anti-competitive conduct such as collusion and abuse of dominance by making unlawful conduct less profitable. Even when other penalties are present, fines are an important element of the competition authority’s toolkit. The existence of substantial fines can, in the case of cartels, contribute to instability of the cartel conduct by increasing the likelihood of leniency applications. Since 2013, when the LACCF last examined the issue of fining methodologies, much has changed, not only in the region but also internationally, in fining methodologies, guidelines and legislation. This session reviewed current fining methodologies in a variety of jurisdictions, highlighting both similarities and differences in the way fines are calculated and applied.
Background documentation Background Note by the Secretariat • Presentations • Call for contributions
Contributions from participants
Suggested bibliography (Full bibliography available in the call for contributions)
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Session 2. Peer Review of El Salvador's Competition Law and Policy
The mechanisms of peer review vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other peers. The process provides valuable insights into the country under study, getting to the heart of ways in which each country deals with competition and regulatory issues, from the soundness of its competition laws to the structure and effectiveness of its competition institutions. El Salvador has already undergone a first peer review in 2008. In 2019, El Salvador’s competition law and policy was subject to such a review. The final report, including recommendations to strengthen El Salvador’s competition framework will be launched early 2020.
Previous Peer Reviews in El Salvador and in Latin American countries |
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2007 Follow-up Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru |
2012 Follow-up Peer Reviews of Argentina, Brazil, Chile, Colombia, El Salvador, Honduras, Mexico, Panama and Peru |
See also:
Peer Review of Peru, 2018
Peer Review of Costa Rica, 2014
Peer Review of Honduras, 2011
Full list of OECD countries reviews of competition policy framework
Session 3. Practical approaches to assessing digital platform markets for enforcement
Platform markets are not new: competition authorities have been assessing competition in radio, television, newspaper, and classified advertisement markets, among others, since the introduction of competition law. However, with digitalisation, the size of these markets, and the frequency with which competition authorities will be required to assess them, is on the rise. Competition authorities face the challenge of applying the growing academic literature on platform markets in the context of the usual constraints of case work; namely, limited time, access to data and resources. This session focused on practical approaches for assessing platform competition for mergers and antitrust cases, and highlight the types of platform markets that may be particularly relevant in a Latin American and Caribbean context. Background documentation Background paper by the Secretariat • Presentations • Call for contributions
Contributions from participants Brazil • Colombia • Ecuador • Mexico
Suggested bibliography (Full bibliography available in the call for contributions)
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Other meetings
23 September 2019 (afternoon): Special session: Peer Review of Mexico's Competition Law and Policy
24 September 2019 (morning): National Competition Day of Honduras
26 September 2019 (morning): Ibero-American Forum on Competition
26 September 2019 (afternoon): Meeting of the Latin American Regional Centre for Competition (bilingual)