March 17

 

Antitrust

·         Resolution D/AD 21/2020: sets forth the provision of public services externally, under the supervision of the immediate superior, pursuant to Resolution 146/2020 dated March 11, 2020, issued by the SFP, and extended by Resolution 154/2020 dated March 13, 2020.

March 26

 

·         Decree No. 3488/20: modifies certain aspects of Decree No. 1490/2014, which regulates the Paraguayan Competition Law, with the aim of establishing sanctions to the breach of the duty to cooperate with the CONACOM, in the investigations for potential artificial rise of prices of certain products.

The most relevant aspects of the Decree are:

a)      Deletion of the definition of restrictive agreements on competition;

b)      Amendment of the provisions regarding the duty to cooperate in a more coercive sense, eliminating (i) the possibility of not presenting the requested information; and (ii) the limitations regarding use of the information collected by CONACOM;

c)      Identification of the ways in which CONACOM may require the collaboration of individuals, namely (i) appear at hearings; and (ii) provide, upon request, data, information and documents;

d)      Establishment of fines for individuals or legal entities in case of non-compliance with the duty to cooperate, which range between 10 and 300 daily minimum wages (approximately between USD 130 and USD 3,850). If the breach persists, the fine may be doubled successively and unlimitedly, until the requirement is met;

e)      Establishment of fines for directors, managers or representatives of legal entities, in the event that they had intervened in the breach of the duty to cooperate. These fines range between 10 to 300 minimum daily wages (approximately between USD 130 and USD 3,850). If the breach persists, the fine may be doubled successively and unlimitedly, until the requirement is met; and

f)       Granting of powers to CONACOM to communicate non-compliance with the duty do cooperate with other state authorities such as the Tax Authority, the AMLS Office, the Public Procurement Authority and other authorities’ representative of the economic activity subject to the investigation.

March 30

 

·         Resolution 24/20 dated March 30, 2020: Extends the suspension period until April 12, 2020, which will be automatically extended in the event that the executive branch extends the terms of preventive measures.

Investigation processes initiated by the CONACOM for potential anti-competitive conductus are exempted from the suspension period. Such processes must be processed electronically.