ANGELICA NOBOA PAGAN
Partner
E-Mail:
anoboa@npa.com.do

Jacinto Mañón St. #25, Edf. Profesional JM
Suite 204 Ens. Paraíso
Santo Domingo, Distrito Nacional
Dominican Republic
PHONE: 809.472-5753
FAX: 809.563-9877

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Competition

Competition defense in the DR

Competition defense is a matter of growing importance in business planning and commercial practices in the Dominican Republic, after: 

a)    the active interpretation of the Supreme Court of Justice and other courts of constitutional guarantee to the right of free enterprise and the prohibition of monopolies predicted in the Dominican Constitution;

b)   the ratification of the General Agreement on Trade in Services (GATS) and its protocols Annexes, the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the signature of different free trade agreements (CARICOM, DR-CAFTA), along with other in process of negotiation with the European Union, Taiwan and Canada; as well as,

c)    by the promulgation in the last 10 years of a ser of adjective laws that structure the minimum guarantees of its exercise, thru the promotion of competition and the repression of anticompetitive practices, the prohibition of agreements containing collusion, predatory prices, abuse of dominant position and acts of disloyal competition, among which we can mention: 

  • General Law 42-08 of Defence to Competition
  • General Law 153-98 on Telecommunications
  • Law 20-00 on Industrial Property
  • General Law 25-01 on Electricity
  • Law 340-06 (modified by the Law 449-06) on Purchases, Contracting of Goods and Services, Works and Concessions.
  • Law 87-01 on Social Security,
  • Law 1-02 on Antidumping and Safeguard Measures
  • Financial and Monetary Law 183-02
  • Law 126-02 on Electronic Commerce, Documents and Digital Signatures,
  • Law 505 on Civil Aeronautics, and
  • Law Not. 578 that prohibits monopolies in load and unload works 
  • Art. VII of the GATT/94 on appraisal of merchandise in customs. 

Our service offer

Our service offer in this matter includes advising in the  preparation, negotiation and review of acts, contracts and corporate commitments, representation in lawsuits before ordinary jurisdictions (civil and penal), instances, administrative and contentious claims, preparation, observation and comments to regulation and legislative proposals, position document preparation (position papers), audits and legal opinions, among others. 

Our experience

Competition law is the main area of practice of NOBOA PAGAN ABOGADOS. The firm offers a highly qualified consultancy in antitrust matters, based on the appropriate technical management of the subject and the practical experience obtained in our professional practice in more than 10 years. Noboa Rodriguez Escoto is pioneer in the integral development of competition law as a legal service area in the DR.  It has assessed different law and action subjects in diverse sectors of the economy as for its right of participation in the markets, in a various range of business, that covers the production and commercialization of industrial goods, the international trade of merchandise to and form the National Territory, merchandise distribution relations, the different phone system services, cable tv, the distribution and generation of Electricity, banking services and governmental contracting. 

Also, our valuable investigation work and analysis in the matter Competition Law applied to electronic commerce, unfair competition and patent rights, systems of railway transportation, antidumping, subsidies and compensatory measures, businesses linked to foreign trade, maritime transportation of regular line, fusions and concentrations, arbitration, commitments before the DR-CAFTA and the WTO, as well as in the study of its main figures, forbidden agreements and abuse of dominant position.

Dr. Angelica Noboa Pagán is pioneer in the doctrinaire work in knowledge and comprehension of Competition Law, after the DR initiated its journey towards market economy, with a continuous intellectual production in this field since 1994. Her noticeable contribution to the final content of the General government Bill of the Dominican Republic on Competition Defense, as well as the creation and inclusion of the course on Competition Law in the curriculum for the Law Degree at the PUCMM University, are the result of the recognition of the public authorities and the business and academic community to her legal criteria.

Also, all of NPA's associates have been previous outstanding students of the course, dedicated to the permanent investigation of t Competition Law, through grade works, post-graduate studies and continuous professional and intellectual development. 

Notable achievements

  • Thru sentence dated August 2nd., 2004, Judge Dr. Matías Modesto del Rosario (son) Judge of the Fifth Chamber of the Civil and Commercial Court of First Instance of the National District, admitted an injunction recourse petitioned by Empresa Generadora de Electricidad (ITABO) and Dominican Power Partners (DPP), represented by Dr. Angelica Noboa Pagán, together with a staff of lawyers, against resolution SIE-AUT-021-2004, dated April 21, 2004. Among the considerations which support the court order was the right to the liberty of industry of the plaintiffs, resulting in the suspension of the execution of the challenged resolution.

  • Thru resolution 036-07, the Executive Counsel of INDOTEL admits the petition filed by Yeli Martínez Oller and a staff of lawyers, acting in representation of the telecommunications provider DG TEC, declaring inadmissible the accusation of administrative faults and imposition of sanctions for anticompetitive practices, since the legal action promoted by the plaintiff did not follow the due process established in the Free and Fair Competition Regulation for the Telecommunications sector. 

  • In consideration to the action filed by counsels Yeli Martínez Oller and Angelica Noboa Pagán, in representation of Industrias Nigua, C. por A. before the General Customs Bureau (known for its acronym in Spanish DGA), on July of 2007, the reference values for finished products and raw material for the production of toilet paper products, pursuant to GATT appraisal, were brought up to date. This proceeding was brought up due to actions of unfair competition of companies that declared undervalued importing costs of such products, producing distortions in the market in detriment of the free competition rights of the complainant. 

NPA articles on competition

  • "Administrative and Sanctioning Procedure of Anticompetitive Practices" by A. Noboa Pagán.

  • "INDOTEL’s regulatory policy in the promotion of free competition"  By A. Noboa Pagán

  • "Methodology of Competition Law" by A. Noboa Pagán. 

Note:  To obtain more information on competition, consult the search engine of this web site. 

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