Uruguay

Developing Framework

Competition Defence Law No. 18,159 (2007)

Authority: CDPC (Comision de Promocion y Defensa de la Competencia) | Enforcement: partial

Overview

Uruguay enacted its Competition Defence Law in 2007, establishing the CDPC as the competition authority. The law prohibits anti-competitive agreements, abuse of dominant position, and provides for merger control. The CDPC operates within the Ministry of Economy and Finance. Enforcement has been moderate, with the CDPC focusing on building institutional capacity while investigating cases in key sectors. Uruguay's Mercosur membership provides a regional competition cooperation framework. The authority has been particularly active in monitoring concentrated markets such as cement, fuel, and telecommunications.

14-Topic Competition Coverage

Competition Authority

Fully Addressed

The CDPC operates within the Ministry of Economy and Finance with investigative and decision-making powers. The Tribunal de Defensa de la Competencia was established to adjudicate appeals.

Anti-Competitive Agreements (Horizontal)

Fully Addressed

Horizontal agreements that restrict competition are prohibited, including price-fixing, market allocation, and bid-rigging.

Anti-Competitive Agreements (Vertical)

Fully Addressed

Vertical agreements that restrict competition are prohibited, including resale price maintenance and exclusive dealing.

Abuse of Dominance

Fully Addressed

Abuse of dominant position is prohibited, covering exploitative and exclusionary conduct.

Merger Control

Fully Addressed

Mandatory pre-merger notification for concentrations exceeding prescribed thresholds. The CDPC reviews within defined timelines.

Leniency Programme

Partially Addressed

The law provides for leniency, but the programme is not yet widely utilised. Implementing guidelines are developing.

Settlement & Commitment

Partially Addressed

The CDPC may accept commitments from investigated parties. Formal settlement procedures are limited.

Penalties & Sanctions

Fully Addressed

Administrative fines based on severity and duration of the infringement. No criminal sanctions for competition law violations.

Digital Markets Regulation

Not Addressed

No specific digital markets regulation. General competition rules apply to digital businesses.

Sector Regulators

Partially Addressed

URSEC (telecoms), URSEA (energy and water), and the Central Bank of Uruguay exercise concurrent regulatory powers in their sectors.

Dawn Raids & Investigations

Partially Addressed

The CDPC has investigation powers including document requests and inspections. Dawn raid capabilities are developing.

Private Enforcement

Partially Addressed

Affected parties may seek damages through civil courts. Private competition litigation is rare.

International Cooperation

Fully Addressed

Active in Mercosur competition cooperation. Participates in ICN and UNCTAD programmes. Bilateral cooperation with Brazilian and Argentine authorities.