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Competition, Consumer and Advertising
In the field of Competition Law our firm conducts the necessary studies to establish the risk of certain hiring practices, sales, distribution and partnership with other actors in the market, could be regarded as contrary to the antitrust rules.
In Panama, anti competitive behavior may be found in agreements between competitors in the same market (Horizontal agreements); between manufacturers and distribuitors (Vertical Agreements) or when a firm or different firms abuse of their dominant position in the market(abuse of dominant position).
The studies and consultancies undertaken by our firm, covers topics such as:
- Agreements and Joint Ventures: A review and drafting of contracts and agreements for cooperation or collaboration with suppliers, distributors and potential competitors that do not involve mergers or acquisitions of businesses or assets, preventing the client engages in practices of collusion.
- Risk Analysis in Business Practices: Identify potentially anticompetitive situations, to minimize the risk of breach of antitrust rules. Similarly analysis of the actions taken by the client in developing its commercial activities, which can become abusive to limit production, or preventing access to the market by excluding competitors or potential competitors. Also do the evaluation and development of distribution, making sure that the terms of sale or supply only, not framed in monopolistic or anticompetitive behavior.
- Analysis on Mergers and Acquisitions: Consulting on processes prior review of mergers and acquisitions. As well as negotiating and drafting purchase contracts, financing contracts, agreements between shareholders and other documents related to these operations. We developed the Due Diligence for better management of financial, economic and legal status of the company before the start of the purchase or sale of shares.
Consumer Protection, Unfair Competition and Advertising
- Consulting on Consumer Protection: Our firm is also able to provide excellent advice on the different processes that can be dealt with by the competent authorities of consumer dissatisfaction or complaints allegedly misinformed about the products or services purchased or hired in market. Additionally, special consultancy on various issues related to consumer protection, such as labeling of pharmaceuticals, food and beverage, advertising, real estate, among others.
- Advice on Unfair Competition: We represent our clients against possible acts that violate the fair and free competition that could be carried out in different market sectors. Our attorneys have extensive experience in dealing with proceedings before the competent authorities, providing advice as well as representatives of the complainant or the party complained of, totally involved in each case allocated to them.
- Advertising Advice: In the advertising field, our firm receives from its customers, all advertisements of their products or services, primarily to its transmission through different media, this in order to verify the correct implementation of the advertising regulations. Our team evaluates the lawfulness or otherwise of different types of advertisements such as advertisements for medicines and cosmetics, food advertising to children, advertising of products and services offered by companies in the banking, finance and insurance, advertising offers and promotions in general, among others.
Antidumping, Subsidies and Safeguards
We advise our exporters, importers and local producers’ clients, on anti-dumping duties and other trade protection measures, both in Panama and in foreign countries. We represent our clients on antidumping, quotas and safeguard procedures, advising, whether foreign exporters and producers as defendants, as well as Panamanian firms as applicants.
Promotions
- Inscription of the commercial promotion before the JCJ (Junta de Control de Juegos)
- Advice on Commercial Promotions and the procedure involved
- Inscription of the Guarantee Restoration
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