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


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.