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Competition Law and Policy in Latin America Competition Competition Law and Policy in Latin America PEER REVIEWS OF ARGENTINA, BRAZIL, CHILE, MEXICO AND PERU The Inter-American Development Bank (IDB) and the Organisation for Economic Co-operation and Development (OECD) co-operate in competition law and policy to promote increased economic growth, employment and economic efficiency, and a higher average standard of living in the medium to long term. There is increasing Competition consensus that sound competition law and policy are essential to achieving these goals. Law and Policy IDB-OECD co-operation in competition law and policy centres on annual meetings of the Latin American Competition Forum (LACF). LACF meetings include substantive in Latin roundtable discussions and peer reviews of national laws and institutions. The OECD and the IDB are pleased to participate in this work as part of their efforts to promote a better business climate for investment in the countries of Latin America America and the Caribbean. PEER REVIEWS OF ARGENTINA, BRAZIL, CHILE, The full text of this book is available on line via these links: MEXICO AND PERU http://www.sourceoecd.org/emergingeconomies/9264014985 http://www.sourceoecd.org/governance/9264014985 America Latin in Policy and Law Competition Those with access to all OECD books on line should use this link: http://www.sourceoecd.org/ SourceOECD is the OECD’s online library of books, periodicals and statistical databases. For more information about this award-winning9264014985 service and free trials ask your librarian, or write to us at [email protected] ARGENTINA BRAZIL CHILE MEXICO PERU ARGENTINA BRAZIL CHILE MEXICO PERU ARGENTINA BRAZ PERU MEXICO BRAZIL CHILE ARGENTINA PERU MEXICO BRAZIL CHILE ARGENTINA PERU MEXICO BRAZIL CHILE ARGENTINA PERU MEXICO . 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The OECD is also at the forefront of efforts to understand and to help governments respond to new developments and concerns, such as corporate governance, the information economy and the challenges of an ageing population. The Organisation provides a setting where governments can compare policy experiences, seek answers to common problems, identify good practice and work to co-ordinate domestic and international policies. The OECD member countries are: Australia, Austria, Belgium, Canada, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States. The Commission of the European Communities takes part in the work of the OECD. OECD Publishing disseminates widely the results of the Organisation’s statistics gathering and research on economic, social and environmental issues, as well as the conventions, guidelines and standards agreed by its members. This work is published on the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries or those of the Inter-American Development Bank. Also available in Spanish under the title: Derecho y Política de la competencia en América Latina Exámenes inter-pares en Argentina, Brasil, Chile, México y Perú © OECD/IDB No reproduction, copy, transmission or translation of this publication may be made without written permission. Applications should be sent to OECD Publishing: [email protected] or by fax (33-1) 45 24 99 30. Permission to photocopy a portion of this work should be addressed to the Centre français d'exploitation du droit de copie (CFC), 20, rue des Grands-Augustins, 75006 Paris, France, fax (33-1) 46 34 67 19, [email protected] or (for US only) to Copyright Clearance Center (CCC), 222 Rosewood Drive Danvers, MA 01923, USA, fax (978) 646 8600, [email protected]. 3 Foreword The OECD has been active in promoting competition policy among countries in Latin America and the Caribbean and in recent years it has formed a partnership with the Inter-American Development Bank for this purpose. The principal feature of this partnership has been the annual Latin American Competition Forum, at which senior officials from countries in the region together with international experts discuss in roundtable fashion, issues of competition policy of interest to them. Also, each Forum features a peer review of one country in the region. To date, four countries have been reviewed: Chile, Peru, Brazil and Argentina. “Peer review” is a core element of OECD work. 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 members of the international community. This process provides valuable insights to the reviewed country and promotes transparency and mutual understanding for the benefit of all. The OECD Competition Committee has for some time been conducting peer reviews of the competition policy of both Member and non-Member countries. The benefits of this practice are particularly clear in this field. At one time there were significant differences across countries in competition issues. Those differences have narrowed considerably in the past several years, in part through the work of the Competition Committee. There is an emerging consensus on best practices in competition law enforcement and in applying competition policy principles to regulatory systems. Countries now co-operate regularly in such areas as anti-cartel enforcement and international mergers. Peer reviews are an important part of this process. The OECD and the IDB are pleased to have participated in this partnership for the promotion of competition policy in Latin America and the Caribbean. This work is consistent with the policies and goals of both organisations. Sound competition policy will improve the business climate, promoting economic growth and prosperity, and bringing benefits to consumers in the region. COMPETITION LAW AND POLICY IN LATIN AMERICA – ISBN-92-64-01498-5 © OECD / IDB 2006 This volume comprises the four Latin American peer review reports, which have been produced to date in the framework of the Latin American Competition Forum as well as the peer review of Mexico held in the Competition Committee. Both organisations would like to thank the governments of Argentina, Brazil, Chile, Mexico and Peru for volunteering to be reviewed and for the co-operation of their officials in the process. Bernard J. Phillips Ricardo Santiago Head IDB Representative Competition Division in Europe OECD COMPETITION LAW AND POLICY IN LATIN AMERICA – ISBN-92-64-01498-5 © OECD / IDB 2006 5 Table of Contents Competition Law and Policy in: Argentina ................................................................................................
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