Abstract

SPERBER VILHELM, David  and  MOYA VALDIVIESO, José Guillermo. Positive Administrative Silence in Merger and Acquisition Filing in the Ecuadorian Competition Law. Iuris Dictio [online]. 2023, n.31, pp.69-85. ISSN 2528-7834.  https://doi.org/10.18272/iu.i31.2869.

This essay analyzes and discusses the particularities and differences of positive administrative silence between informative filing and mandatory filing according to the Ecuadorian Competition Act. The main variance between the informative and mandatory filing lies in the thresholds, the submission period, and the possibility of its execution. The filing is a manifestation of the constitutional right of petition and shall be resolved by the resolution body of the Ecuadorian Competition Authority (SCPM) in the term specified in the law. Otherwise, it is executed ipso iure for the positive administrative silence.

Keywords : Competition Law; Mergers and Acquisitions; Mandatory Filing; Informative Filing; Ecuadorian Competition Act; Ecuadorian Competition Authority (Superintendence of Control of Market Power); Administrative Silence; Administrative Law; and gun-jumping..

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