Study of the first authorization of corporate concentration in Nicaragua under the rule of 601 law and its regulations
DOI:
https://doi.org/10.5377/derecho.v0i15.1032Keywords:
Competence Law, enterprises, concentration, Public AdministrationAbstract
The research paper you have in your hands is a comprehensive analysis on the first enterprise concentration which took place in Nicaragua; its uniqueness is that it was authorized by the Public Administration, and administrative headquarters and it meets the criteria established by 601 Law and its regulations, the Law on Promotion of Competition. This “case study and analysis of cases” provided by the internal regulations of the University in Article 8 inc. f) has a particular interest to determine whether in practice they managed to achieve the goals it set the standard which establishes the Competition Law, which is new in our legal system. The case lies in the fusion of two poultry enterprises; Tip Top and Pipasa, which have shareholding of two large transnational companies such as Cargill and Rica Foods. The amount of this operation was approximately 80 million US dollars with a relevant impact in the market of 61%. Using a structural and legal analysis, it was concluded that Nicaragua is considerate one of the countries which have a previous control over the enterprises concentrations in order to safeguard the common good and social interest. Likewise, it is shown the high level of satisfaction from PROCOMPETENCIA in complying with the law, but at the same time it was highlighted the mistakes made in the process. This is the fi rst background marking a trend to all those enterprises which pretend to fusion. It is obvious in the study of the Administrative Provision that there is no tacit derogation of regulations but a legal complement to the issue prescribing the Commercial Code in the topic of fusion, which is enforced by the 601 Law with its purpose that the State adopts a more participative role in conducting the national economy without prejudice of the free enterprise rights enshrined in our Constitution.
DOI: http://dx.doi.org/10.5377/derecho.v0i15.1032
Revista de Derecho No.15 2011 pp.145-190
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