The law on prior control of mergers and concentrations

Effects and legal implications in practice

Abstract

The discussion about the implementation of a law on the prior control of mergers and concentrations has been overcome in our country, after the first enactment in the electricity sector. It was more than 100 years since its insertion into international legislation, our country being one of the last to approve it in Latin America, after several recommendations. But as the law is new in our system, the legal community will need to analyze the viability and practical consequences of its application, which is why I present this work. The regulation has its defects, so the first thing I will analyze some important aspects of the law and some variations of the law project. It is necessary to know the development of the regulation to know what we are facing. And as a last aspect, the law, by how it is drafted, generates controversial spaces where its strict application is not possible. So, we will review international jurisprudence to resolve normative assumptions that are difficult to verify.