Sustainability and Competition Global Practice Guide |
|
Costa Rica |
|
|
(Latin America/Caribbean)
Firm
Facio & Cañas
Contributors
Edgar Odio |
|
| Are ESG measures/sustainability agreements included in your jurisdictional competition regime? | No. |
| If ESG measures/sustainability agreements are not included in your jurisdictional competition regime, do you foresee any new regulations coming into place in 2022? | No. |
| Has your Authority issued any guidance on the role, if any, of ESG in the competition law analysis applied to mergers or other conduct? | No. |
| Has your jurisdiction issued guidance regarding competitor collaborations or participating in industry working groups, and if so, do they specifically address ESG? | No. |
| Can parties seek specific guidance from authorities on proposed ESG initiatives? | No. Only general questions can be asked to the Competition Authority, no specific cases. |
| How, if at all, does your jurisdiction quantify or calculate the ESG effects? | No specific form of quantification of ESG is done by the Competition Authority. In merger cases, the Authority tends to verify the economic efficiencies or benefits for the final consumers. It would be in this part of the merger analysis that the authority might consider ESG effects. |
| What does your legal authority currently permit even if your agency is not yet active on this topic? | Any merger that falls into the notification regime, even in cases of ESG effects, would need to be authorized by the agency. |
| Are there precedents that involved ESG/sustainability matters in your country? If so please provide a short description. | No precedents involving ESG at the moment. |
| Is there specific antitrust regulation in your jurisdiction to be aware of which might give rise to private or class action ESG litigation? | None. |
Sustainability and Competition Global Practice Guide
No.
No.
No.
No.
No. Only general questions can be asked to the Competition Authority, no specific cases.
No specific form of quantification of ESG is done by the Competition Authority. In merger cases, the Authority tends to verify the economic efficiencies or benefits for the final consumers. It would be in this part of the merger analysis that the authority might consider ESG effects.
Any merger that falls into the notification regime, even in cases of ESG effects, would need to be authorized by the agency.
No precedents involving ESG at the moment.
None.