Procompetencia’s Regulations for the Processing of Commitment Proposals by Economic Agents, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University

5 Pages Posted: 13 Mar 2018 Last revised: 17 Mar 2018

See all articles by Tad Lipsky

Tad Lipsky

George Mason University - Antonin Scalia Law School

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School, Faculty

Bruce H. Kobayashi

George Mason University - School of Law

John M. Yun

George Mason University - Antonin Scalia Law School, Faculty

Date Written: February 28, 2018

Abstract

This comment is submitted in response to the Dominican Republic National Commission for the Defense of Competition’s (“Procompetencia”) public consultation on the Proposed Regulation for Considering Proposed Settlements by Firms in Investigations Based on the General Law for the Defense of Competition. The Global Antitrust Institute’s Competition Advocacy Program commends Procompetencia’s transparency, and its willingness to clarify the requirements and procedures for consideration of settlement proposals by firms subject to investigations by Procompetencia. The comment provides several specific suggestions to improve the flexibility of the requirements and the efficiency of the process for negotiating such settlements. The comments ask Procompetencia to limit certain proposed restrictions on the circumstances in which settlement offers may be considered, and to take care that the relief negotiated is in full accord with sound antitrust economics and that such relief remain within the scope of that which could be obtained under the organic competition law in fully contested proceedings.

Keywords: antitrust, settlement, consent, relief, economics

JEL Classification: K21

Suggested Citation

Lipsky, Tad and Wright, Joshua D. and Ginsburg, Douglas H. and Kobayashi, Bruce H. and Yun, John M., Procompetencia’s Regulations for the Processing of Commitment Proposals by Economic Agents, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University (February 28, 2018). George Mason Law & Economics Research Paper No. 18-01. Available at SSRN: https://ssrn.com/abstract=3138883 or http://dx.doi.org/10.2139/ssrn.3138883

Tad Lipsky (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit ( email )

333 Constitution Ave NW
Room 5523
Washington, DC 20001
United States

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Bruce H. Kobayashi

George Mason University - School of Law ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8034 (Phone)
703-993-8088 (Fax)

HOME PAGE: http://mason.gmu.edu/~bkobayas

John M. Yun

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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