The following Competition guidance note Produced in partnership with Pérez Bustamante & Ponce provides comprehensive and up to date legal information covering:
A conversation with Andrés Brown-Pérez and Mario Navarrete-Serrano, associates at Ecuadorian law firm Pérez Bustamante & Ponce, on key issues on merger control in Ecuador.
NOTE–to see whether notification thresholds in Ecuador and throughout the world are met, see Where to Notify.
The Ecuadorian Congress is currently considering an amendment to the alternative thresholds that trigger the obligation to file a mandatory merger notification. The proposed bill eliminates the turnover threshold and leaves only the market share threshold. The bill is still in the early stages of examination in Congress and is not part of the urgent legislative agenda.
The Ecuadorian merger control regime is relatively new, and the regulator is striving to articulate its theories of harm and the standard for the substantial assessment of mergers under Ecuadorian law. By now, it seems clear that the regulator is willing to condition or prohibit transactions even if the risk of anti-competitive harm falls short of a substantial lessening of competition (ie, the Ecuadorian regulator does not require a finding of dominance). The regulator has intervened even in cases where the risk for competition was marginal, setting the bar for substantive
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