Deputies receive 50 proposals for amendments to the competition law initiative – 2024-04-23 11:34:35

A list of at least 50 amendments to initiative 5074, Competition Law, which is in its last phase of discussion, was known to the Economy Commission of the Congress of the Republic, before it enters the third debate and final draft in the Plenary .

Although this week it is expected to address in greater detail the content of these possible reforms and their discussion in the work room, Congressman Jorge Ayala, president of the indicated commission, only announced that the consolidated report is being prepared, but that there is around of 50 proposals received and that some articles have more than one proposal.

“They are diverse, but many agree regarding the integration of the board of directors, the evaluation committee, the authority’s burden of proof (for cases of possible complaints), the destination of fines and supplementary benefits,” said.

Now, the members of said commission will analyze each of the proposals, under a dynamic of agreements and consensus of the parties that comprise it and the expectation is that it can be approved in May, when the Legislature enters its recess phase.

On Friday, April 19, the period for deputies to express proposals for the initiative concluded, so that these can be agreed upon in the parliamentary commission, presented to the plenary session and facilitate their approval.

Expectations

The Vice Minister of Economy, Antonio Romero, reiterated that, within the Congress of the Republic, initiative 5074 enjoys an important level of consensus, since it is not new and has been discussed for several years, so the level of agreements is “quite encouraging.”

Regarding the phase of discussion of amendments by the deputies, he asserted that minor changes would be expected and not in fundamental elements of the content of the initiative, to seek to make it more refined, robust and appropriate to reality, but above all, that it allows have a competition policy in accordance with best international practices.

Among the most outstanding aspects included in the proposed law is that the Superintendence of Competition would be created, an entity in charge of independently enforcing the regulations, as well as its functions; makes clear what prohibited practices are; No sector is excluded, but there will be room for extraordinary aspects; and following the different procedures, temporary exceptions may be authorized, for reasons of State or national emergency, with clear times and criteria.

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Joint analysis

Until yesterday, Mineco still did not have knowledge of the amendments to initiative 5074, so Vice Minister Antonio Romero reiterated that a group of experts on the subject will be made available to the deputies to support the discussion of amendments, with a technical and legal perspective.

He added that one of the objectives is for the competition law to technically “be well done”, that it adjusts to international parameters and that it does not leave undue elements of discretion or exemptions to sectors.

“It is not acceptable to exempt sectors, but it is acceptable to leave specific exceptions, temporarily limited by emergency or a particular situation. “All of that is part of the recommendations that we want to make,” he pointed out.

In the session of block heads in the Congress of the Republic, the inclusion of initiative 5074 was not scheduled for this week.


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