Guide for the analysis of anti-competitive practices regarding competition in the telecommunications sector

Tracy Varela, Costa Rica,  December 28, 2023

Arias law - The Superintendence of Telecommunications of Costa Rica ("SUTEL") published the "Guide for the analysis of anti-competitive practices regarding competition in the telecommunications sector". 

SUTEL has indicated that the general objective of the guide is to promote transparency, objectivity, and predictability, offering guidelines and guidance to economic agents and the public in general on the analysis, investigation, and possible sanctions of horizontal and vertical restraints, related the procedures established by the legislation applicable to competition in the telecommunications sector. 

The guide defines what should be considered as anti-competitive practices, related to horizontal and vertical restraints. In this sense, it takes into account elements from important jurisdictions, such as the European Union and Mexico. 

Likewise, this guide considers the relevant elements to sanction both types of restraints, as well as the applicable sanctions and corrective measures. In addition, it determines the types of prohibited vertical restraints and those that are considered legal. 

Finally, the guide offers practical examples of national and international cases in the telecommunications sector to assist in the analysis of vertical restraints. 

For more information, please contact: 

Tracy Varela Calderón 
CR - Senior Counsel 
+506 8895-1093
tracy.varela@ariaslaw.com
Arias Costa Rica

ariaslaw.com