On November 17, 2021, amendments to certain provisions of the Salvadoran Competition Law (the “Law”) were approved in order to harmonize it with the Administrative Procedures Law (“LPA”) during an ordinary session of the Salvadoran Congress. Given that, as of its entry into force on February 13, 2019, both the Antitrust Regulator (the “Regulator”) and the administered parties themselves had to interpret and integrate the competition law based on the regulation and administrative procedures established in the LPA now, greater legal certainty is expected with the application of the reforms.
For the proposed reforms, both the Ministry of Economy and the Regulator consulted with approximately 18 state institutions and certain sectors of the private sector. The amendments to the Law contemplate the modification of 19 sections, the repeal of 1 section and the incorporation of 5 new sections, which include both adjectival and procedural modifications. In addition to the homologation of the Law to the LPA, these reforms seek to reinforce healthy competition among the different economic agents as well as to foster a favorable climate for investment, all for the benefit of the consumers themselves.
Likewise, another important development is that it is intended to modernize the procedure with the use of electronic tools that will seek to adapt the regulations to current times given that certain actions would be carried out by electronic and technological means, in accordance with the provisions of the LPA, the Electronic Signature Law and any other applicable legislation, as long as such means guarantee the authenticity, confidentiality, integrity, efficiency, availability and conservation of the information. The foregoing in order to provide more agile procedures that adapt to the current legal framework.
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