Competencia - Jimenez Peña Abogados

Competition

Current industry challenges in the Dominican Republic

The Regulations for the Application of Law 42-08, general for the defense of competition, were recently issued, marking an important milestone in this area and clarifying various procedural and application issues within the practice of competition law. Additionally, the National Commission for the Defense of Competition (PRO-COMPETENCIA) is discussing and analyzing important regulations that will continue to broaden the spectrum of regulations that govern competition law in the Dominican Republic and reinforce the functions of the regulatory body in the country.

Our Experience

Jiménez Peña has extensive experience representing economic agents in anticompetitive practice processes before the regulatory body and in the Dominican civil courts, from the investigation phase to the culmination of the process. Additionally, we offer specialized services in the processes of structuring and implementing compliance plans in competition matters.

Clients

National and multinational companies from various sectors and industries, including pharmaceuticals, insurance companies, the alcohol industry, telecommunications and energy.

Relevant Cases

Representation and defense of ARS Humano in the ex officio investigation procedure before the National Commission for the Defense of Competition (PRO-COMPETENCIA), due to the observation of reasonable indications of the existence of practices contrary to the General Law for the Defense of Competition No. 42-08, in the market for the provision of the Contributory Regime Family Health Insurance service through private health risk managers (ARS) in the Dominican Republic. The process culminated in the dismissal of the process after an investigation and the order for the definitive filing of the file, in favor of the investigated economic agents.
Representation of United Brands in the investigation procedure before the National Commission for the Defense of Competition (PRO-COMPETENCIA), due to the existence of abuse of a dominant position by Cervecería Nacional Dominicana, S.A. in the market for the production, marketing and distribution of beer in the Dominican Republic. The process culminated in the imposition of the maximum financial sanction allowed by law, the order to cease abusive conduct and the nullity of certain contracts signed under these conditions.
Representation of a global pharmaceutical company, Fresenius SE, specialized in medical technologies and products, in the structuring and adaptation to local legislation and regulation of its competition compliance program for the Dominican Republic.
Representation of a multinational company, Quala Domincana, dedicated to the production and sale of mass consumption products in a lawsuit declaring unfair competition before the Dominican civil courts, in relation to an advertising campaign carried out by a competitor company.