On 25 November 2021 the Constitutional Court decided that Law No. 11 of 2020 on Job Creation (Law No. 11 of 2020) – commonly known as “Omnibus Law” after its format – is conditionally un-constitutional. Though the Law will remain in effect, the Government must remedy the procedural flaws within two years.
On 4 November 2021, the Council of Ministers approved the Competition Bill for 2021 (“Competition Bill”), to be submitted to the Parliament for its examination. The provisions of the Competition Bill affect various sectors, including the healthcare one. In this regard, the most important innovations are those concerning (i) medicines for which the pricing and reimbursement procedure is still pending; (ii) the reimbursement of generic drugs; (iii) the distribution of medicines; and (iv) the production of blood-derivative drugs.
On 12 November 2021, an administrative judge confirmed a sanction of the Superintendence of Industry and Commerce (SIC) on an employee involved in a company dawn raid — Hernando Rodríguez (general manager of Roa Florhuila).
This report offers a concise overview of a complex topic: antitrust and competition law in Latin America. The document intends to shed light on how major jurisdictions in the region are handling historic and recent key antitrust issues, including guidance documents and actions.
In the aftermath of COVID-19 and the resulting low-yielding environment, sovereign actors are looking more than ever to real estate, infrastructure, private equity, private debt and other alternative assets for strategic investment opportunities.
Our Banking & Finance, Competition & Antitrust, Mergers & Acquisitions and Trade partners in Johannesburg outline ten reasons to turn your attention to African trade and investment opportunities in the coming year. Some of these reasons include the rise in commodity prices, shifting patterns and alternative financing, digitization and competition law and enforcement.
The new regulation was intended to facilitate a more through appeals process, following other recent legislative changes to the appeals procedure. However, companies facing investigation should factor in the possibility that appeal hearings may continue to be limited to a short review of the KPPU files.
Two years ago, on 5 November 2019, the Department of Justice (DOJ) announced the formation of the Procurement Collusion Strike Force (PCSF). DOJ press releases indicated the purpose was to create a joint, collaborative interagency partnership focused on deterring, detecting, investigating, and prosecuting antitrust crimes. The Strike Force has prosecutors from 22 US Attorneys’ Offices and 7 national law enforcement partner agencies, including the Antitrust Division of the DOJ, investigators from the Federal Bureau of Investigation, and the Inspectors General for multiple Federal agencies. To date, the PCSF is active in almost a quarter of US judicial districts and coordinates with many US agencies and offices.
In April, Royal Decree-Law 7 of 27 April 2021 was passed. It introduced major amendments to Royal Legislative Decree 1 of 16 November 2007, approving the revised text of the General Consumer and User Protection Act and other supplementary acts, which we analysed in our May newsletter.
In the Asia Pacific Competition update, we provide you with a practical overview of the most notable antitrust legal developments of the third quarter in 2021 that may affect your business.