i
Our call to publish in our next issue is now open!
The Revista de Derecho Económico (Journal of Economic Law) invites the academic community, both national and international, to send their articles to our website, in the "Send article" section. The article must comply the rules indicated in the "Submissions" section.
The call is open untill October 15, 2023.
Sobre la introducción de una tasa por notificar operaciones de concentración a la Fiscalía Nacional Económica: Argumentos a favor
Authors
-
Ronaldo Bruna Villena
Universidad Andrés Bello
https://orcid.org/0009-0001-0680-7193
-
Benjamín Mordoj Hutter
Ferrada Nehme
https://orcid.org/0009-0004-7364-2706
Abstract
This article argues in favor of introducing an administrative fee that the merging parties should pay to the National Economic Prosecutor's Office when notifying such a transaction. This would be a precedent condition for the agency to initiate the corresponding transaction analysis through its Merger Division, as the competition law requires. After providing certain quantitative information on the budgetary situation of the National Economic Prosecutor's Office, which justifies why it is necessary to provide it with more resources to analyze concentration operations, as well as detailing the legal arguments that would enable the introduction of such fee, an economic calculation is made of the efficient amount that such rate should have, based on an estimate of the costs associated with the review work of mergers and acquisitions by the National Economic Prosecutor's Office. Within this context, different fee structures are analyzed. It is explained that opting for a simple fee –of the flat or single type– is preferable. This choice is made to facilitate its implementation, making the process easier and more straightforward. It is concluded that the introduction of this fee is efficient because it would allow the Merger Division to adequately finance the review work, which will result in benefits for the whole system and for the parties to the operation. This fee not only produces private and public benefits but also represents a low cost in relative terms with the other costs of a merger.Keywords:
National Economic Prosecutor's Office, Merger Division, filing fee, concentrationsReferences
* Bushell, Gavin (2020). «Merger Control: To fee, or not to fee, that is the question (and some practical tips)». Kluwer Competition Law Blog. Disponible en https://tipg.link/R-SH.
* ICN, International Competition Network (2005). Merger notification filing fees. Disponible en https://tipg.link/R-Rq.
* OCDE, Organización para la Cooperación y el Desarrollo Económico (2014). The governance of regulators: OECD best practice principles for regulatory policy. París: OECD Publishing. Disponible en https://tipg.link/R-Ri.
