GUATEMALA Law and Practice Contributed by: Claudia Pereira, Carlos Ortega and Juan Pablo Gramajo, Mayora & Mayora, S.C
the Act does not specifically require an expe - dited procedure.
or substantially facilitate anti-competitive prac - tices. More specific criteria could be contained in the forthcoming Regulation to the Act or future guidelines issued by the Superintendence, which
4. Substance of the Review 4.1 Substantive Test
have not yet been enacted. 4.5 Economic Efficiencies
The substantive test for examining concentra - tions is not specified in the Competition Act. This may be contained in the forthcoming Regula - tion to the Act or future guidelines issued by the Superintendence. 4.2 Markets Affected by a Transaction The Competition Act requires the determination of the relevant market when examining concen - trations. While it also contains general rules on the aspects to consider when determining the relevant market, more detailed criteria are not specified in the Act. While the Act contains a de minimis rule for anti-competitive practices, there is not one for concentrations. These aspects may be contained in the forthcoming Regula - tion to the Act or future guidelines issued by the Superintendence guidelines, which have not yet been enacted. 4.3 Reliance on Case Law Since the Competition Act is recent, its authori - ties have not yet been selected, and its substan - tive provisions are not yet in force, it is not pos - sible to submit a response. 4.4 Competition Concerns The Competition Act sets general rules for exam - ining concentrations, which include considering its possible effects in the relevant market with respect to competitors and consumers, as well as on related markets and economic agents. It also requires concentrations to be analysed on their ability to confer or increase a dominant position, create barriers to entry or to access,
The Act allows the consideration of economic efficiencies, both as part of the elements to be examined by the Superintendence and as a defence to be raised by the parties. Since the Act is recent, its authorities have not yet been selected, and its substantive provisions are not yet in force, the extent to which this will be implemented is unknown. 4.6 Non-Competition Issues The Competition Act does not expressly permit the consideration of non-competition issues. Although it is not yet possible to assess this from a practical standpoint, it seems unlikely that such elements will be considered, as their inclusion would likely be challenged by parties on the grounds that the Act does not expressly grant such power to the authorities. The Act has no specific rules relating to foreign direct invest - ment. 4.7 Special Consideration for Joint Ventures The Act has no specific rules or considerations for joint ventures. These aspects may be con - tained in the forthcoming Regulation to the Act or future guidelines issued by the Superintend - ence, which have not yet been enacted.
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