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Competition and antitrust in Paraguay

BKM | Berkemeyer

Antitrust law is the competition team’s main focus at BKM | Berkemeyer. The practice handles merger control filings, represents clients in claims of anticompetitive conduct, and provides consultations on a full range of antitrust issues. It has a successful track record before CONACOM, including in precedent-setting cases. The team continues to add to its roster of national and international clients, taking on new companies and institutions across the banking and finance, agriculture and pharmaceutical sectors. Hugo T. Berkemeyer heads the team alongside two other partners: Carla Sosa plays a lead role in many of the firm’s antitrust matters and Manuel Arias has extensive experience in the filing of complaints against anti-competitive practices before CONACOM. Senior associate Leyla Apud is active in the notification of concentration operations and has recently increased her focus on anti-competitive practices. Also at the senior associate level, Andrés Nasser has a successful track record defending clients before the Antitrust Agency, while Álvaro Rojas is active in concentration filings before CONACOM.

Responsables de la pratique:

Hugo T. Berkemeyer; Carla Sosa; Manuel Arias


Les références

‘A very professional team, always ready to meet the needs of the company. Excellent management of technological tools that facilitate interaction with the company’s internal legal team.’

‘The members of the team have extensive knowledge of competition law and proven experience in procedures before the regulatory body. Mainly, Manuel Arias and Alvaro Rojas.’

‘Their strength is based on teamwork and leadership.’

Principaux clients

Banco Continental


Enex Investments Paraguay


Chivatos


Principaux dossiers


  • Advised Enex Investments Paraguay on the filling process before CONACOM, due to the acquisition of an additional 5% stake in Enex Paraguay.
  • Advised Banco Continental on the filing of a claim before CONACOM for alleged abusive of dominance practices against Bancard, in which the CONACOM issued its first ever ruling condemning the payment platform under the charge of abuse of its dominant position in the market.
  • Advised Prosegur Paraguay on the ongoing review of conditions included in a remedies program issued by CONACOM, stemming from the filing of a merger filing.

Ferrere

Merger control forms the basis of Ferrere’s competition practice and it remains at the forefront of the market in terms of notifications filed; the team has a proven track record in merger control transactions cleared by the competition authority. Anticompetitive conduct is another area of expertise, and the team is well-equipped to handle large-scale investigations, as well as claims related to abuse of dominance. The group has an impressive roster of local and international household names, from Grupo Vasquez to Disney, that it advises on best practices on a day-to-day basis. Practice head Verónica Franco ‘stands out’ as an active and established figure in the sector, boasting an extensive portfolio of notifications and filings on behalf of both national and multinational companies. Senior associate Fernanda Benítez participates in merger control procedures and advises foreign and local clients on the prevention of anticompetitive practices.

Responsables de la pratique:

Verónica Franco


Les références

‘I received timely, thorough advice regarding the unique application of certain contractual principles in specific South American countries and MERCOSUR countries generally.’

‘Verónica Franco was highly efficient and provided rapid, thorough advice.’

‘Ferrere has a comprehensive practice, essential for the analysis of antitrust matters. The firm’s experience is notable and it stands out in the market advising both on notifications to the regulator and on the interpretation of measures and their potential scope.’

Principaux clients

Disney


Cervepar (Anheuser Busch-Inbev)


MSC – Mediterranean Shipping Company


Grupo Vazquez


Syngenta AG


Ebanx


J&F Investimentos


AGCO


Kingspan


Principaux dossiers


  • Advising Ebanx as plaintiff in an abuse of dominance case brought against VISA International.
  • Advising AGCO Corporation in obtaining clearance from the Paraguayan Competition Authority for a JV that will result in the transfer of the business and agricultural division of Trimble to a JV, of which AGCO will acquire 85%.
  • Advising Rabo Partnership on competition matters related to the merger process of Banco Regional, of which Rabo Partnerships was the majority shareholder, with Sudameris Bank.

Vouga Abogados

Prominent in investigations handled by CONACOM, Vouga Abogados fields an established competition practice that is ‘one of the strongest teams in the country’. The team handles significant merger approval processes and guides clients through the implementation and amendment petitions of potential commitments and remedy plans imposed by the competition authority. Advice on sanctions imposed by CONACOM for failure to meet these commitments is another area in which the team distinguishes itself. The group advises on anticompetitive conduct, providing regular advice on best practices. Rodrigo Fernández de Nestosa leads the team and his expertise in competition law spans the oil and gas, food, and pharma industries; his standing in the sector sees him active in negotiations with, and investigations carried out by, CONACOM. Rodolfo Guillermo Vouga’s transactional experience is an asset to the team, and he is regularly sought after to represent clients in the filing of mergers and other asset acquisitions. Senior associate Cecilia Vera has extensive experience before CONACOM, and also brings in-depth knowledge of EU competition law to the team, making her well-positioned to advise a diverse list of national and international clients.

Responsables de la pratique:

Rodrigo Fernández de Nestosa


Les références

‘Vouga’s team is always characterised by its commitment to providing practical and out-of-the-box solutions in simple terms for every legal challenge faced by our business. The team keeps in mind our ethos and big-picture priorities, ensuring that all recommendations protect our relationship with our stakeholders while complying with local regulations and internal policies of a multinational company. Vouga has proven to be a reliable business partner with a quick turnaround.’

‘Rodrigo Fernández is a stand-out from Vouga with his deep legal knowledge and immersion in the commercial necessities and priorities of our business. This has been quick, practical, cost-efficient, and mindful of our commercial relationship’s solutions at every turn.’

‘Vouga is a recognised firm in Paraguay due to the extensive experience of its partners and associates in corporate matters, the answers are clear and demonstrate understanding in the client’s field.’

Principaux clients

Paraguay Energy Operaciones y Logistica


Paresa (Coca-Cola)


Corporación Paraguaya Distribuidora de Derivados de Petróleo


Jauser Cargo


Grupo Azeta


White & Case


Biggie


Principaux dossiers


  • Represented Copetrol in a string of investigations brought by the Paraguayan Competition Authority.
  • Advised Grupo Azeta on the filing of an important acquisition before the Paraguayan Competition Authority.
  • Advised a US multinational on the assessment of a potential claim on predatory pricing.

Mersán Abogados

Mersán Abogados‘ antitrust team offers comprehensive advice on anti-competitive behaviour and concentration operations. The practice is active in investigations carried out by CONACOM for abuse of dominance and anti-competitive practices. An expert in antitrust regulations, Diego Zavala advises both local and foreign companies on a full range of competition law matters. He leads the team alongside Tomás Mersán, who brings experience representing clients before the competition authority to the team. Associate Federico Martinez is also a name to note and is active in the team’s key mandates.

Responsables de la pratique:

Diego Zavala; Tomás Mersán


Les références

‘The firm has a very good relationship with the company’s business. They understand the challenges and anticipate the problem. They don’t just expect to receive queries, but rather they go ahead on the agenda and bring us news and proposals. They have inclusion practices that are digitalised.’

‘Tomás Mersán, Oscar Mersán and Diego Zavalia are very solid lawyers from a technical and business perspective. They have extensive experience in the legal field and participate in agendas with government organizations and associations. This gives them the possibility of always being updated and on the cutting edge.’

Principaux dossiers