GUATEMALA Law and Practice Contributed by: Claudia Pereira, Carlos Ortega and Juan Pablo Gramajo, Mayora & Mayora, S.C
if the Superintendence does not rule within 30 days of receiving the petition, the concentra - tion will be considered authorised by virtue of no objection, in which case the Superintendent must issue a certificate of non-objection within ten working days. If the Superintendent fails to issue this certificate, the parties may file a writ for constitutional protection ( amparo ), whereby a judge will order the authority to comply, under penalty of removal from office. 5.7 Prohibitions and Remedies for Foreign-to-Foreign Transactions Since the Competition Act is recent, its authori - ties have not yet been selected, and its substan - tive provisions are not yet in force; therefore, it is not possible to provide a response. 6. Ancillary Restraints and Related Transactions 6.1 Clearance Decisions and Separate Notifications This is not addressed in the Competition Act, but could be contained in the forthcoming Regula - tion to the Act. 7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights This is not addressed in the Competition Act, but could be contained in the forthcoming Regula - tion to the Act. 7.2 Contacting Third Parties 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 provide a response. 7.3 Confidentiality This is not addressed in the Competition Act, but could be contained in the forthcoming Regula - tion to the Act. Commercial information, includ - ing business secrets, may be kept confidential when requested by the parties, as guaranteed The Competition Act allows the Superintendence to co-operate with other jurisdictions, including by sharing information. Since the Act is recent, its authorities have not yet been selected, and its substantive provisions are not yet in force, it is not clear how this is carried out in practice. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Parties may seek administrative remedies within the Superintendence, seeking a decision from any office to be revoked by its superior, or asking the Directorate (highest authority) to reconsider its own decisions. by the Guatemalan Constitution. 7.4 Co-Operation With Other Jurisdictions Once administrative remedies are exhaust - ed, parties may seek judicial review of the act before the Contentious Administrative Court. This Court’s decisions are, furthermore, subject to cassation before the Supreme Court, which is a special kind of review restricted to cases where ordinary courts have committed legal or factual errors in their handling of law or evidence, or certain procedural violations.
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