Competition Law at Puerto Rico (US)
Sure! Here’s a summary of Competition Law in Puerto Rico, which is a U.S. territory:
Competition Law in Puerto Rico (U.S. Territory)
1. Legal Framework
Federal Competition Law Applies: As a U.S. territory, Puerto Rico is subject to U.S. federal antitrust laws, mainly:
The Sherman Act (1890)
The Clayton Act (1914)
The Federal Trade Commission Act (1914)
These laws prohibit monopolistic practices, anti-competitive agreements, abuse of market power, and regulate mergers.
Additionally, Puerto Rico has its own local competition statute:
The Puerto Rico Antitrust Act (Ley de Antimonopolio de Puerto Rico), which is broadly aligned with federal antitrust laws but enforces competition principles locally.
2. Enforcement Authorities
U.S. Federal Authorities:
Federal Trade Commission (FTC)
Department of Justice (DOJ) Antitrust Division
Puerto Rico Local Authorities:
The Puerto Rico Department of Justice (Departamento de Justicia de Puerto Rico) enforces local competition law provisions.
There is also a Puerto Rico Antitrust Office to oversee and promote competition compliance.
3. Key Provisions
Prohibited Practices:
Price fixing, bid rigging, and market allocation agreements.
Abuse of dominant position or monopolization.
Anti-competitive mergers or acquisitions that substantially lessen competition.
Merger Review:
Large mergers and acquisitions that affect Puerto Rico markets are subject to federal review.
Local review may also be conducted under Puerto Rico’s antitrust laws.
Consumer Protection:
Enforcement includes protecting consumer interests from unfair or deceptive business practices.
4. Notable Points
Puerto Rico’s economy is integrated with the U.S. mainland; hence, federal antitrust precedents and enforcement strongly influence local practices.
Both federal and local authorities can investigate and sanction anti-competitive conduct.
Federal antitrust enforcement tends to be more robust due to more resources and broader jurisdiction.
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