Issue
In the process of congressional approval of this bill in 2020, FHC identified an article that could have constituted a latent risk for a multinational mass consumer goods company. Our objective was to safeguard the market structure to prevent the law from being utilized as a foundation for unfair competition.
Our Role
Through FHC’s efforts, a multinational beverage and brewing company was able to incorporate specific modifications into the Public-Private Partnerships (P3) Law. The focus was on the incorporation of clarifying language to the bill, to ensure that unsolicited private sector proposals under Law 47-20 could not include provisions that would change the competitive landscape in a manner prejudicial to already existing market participants. The task involved introducing very tailored modifications in the context of the bill approval process. FHC collaborated via the coordinating commission to articulate the concerns and propose solutions with respect to the preservation of fair competition.
Results
The comments were incorporated, providing the necessary legal certainty for this FMCG multinational to continue operating in the country without the need to constantly monitor new initiatives for competitive risks generated under this law.