Publication
GCR Guide to Data & Antitrust – Competition law and data
Miranda Cole and Francesco Salis from our Brussels office are the authors of a chapter on the evolving view of data in the application of competition law.
Global | Publication | May 2016
On May 13, 2016, the Office of the President of the Republic published Decree No. 2,323 in Extraordinary Official Gazette No. 6,227, declaring a ‘State of Exception and Economic Emergency’ (the Economic Emergency Decree).
According to the State of Exception and Economic Emergency Decree and pursuant to Articles 337, 338 and 339 of the Constitution, the State of Exception and Economic Emergency is declared throughout the nation due to the extraordinary social, economic, political and ecological circumstances that are seriously affecting the national economy, constitutional order, social peace, national security, public institutions and citizens. The State of Exception and Economic Emergency Decree enables the executive to take appropriate exceptional and extraordinary measures to guarantee that citizens fully enjoy their rights, to preserve domestic order, ensure timely access to basic goods and services and mitigate the impact of natural circumstances that have affected power generation, access to food and other essentials.
The ministry with jurisdiction over banking and finance may implement the necessary coordination with the Central Bank of Venezuela to establish maximum limits for entry or exit of Venezuelan legal tender in cash, as well as commercial or financial operations and transactions, and may restrict such operations to the use of electronic media that are duly authorized in the country.
Licenses to carry firearms in the country could be temporarily suspended. This measure shall not apply to the state security forces and national armed forces.
In order to strengthen the maintenance of social peace and public order, the competent authorities shall coordinate and implement measures to guarantee the sovereignty and national defense.
The judiciary and the public prosecutor shall undertake the activities within their powers to ensure strict implementation of the Constitution and the law to reinforce the fight against crime and accelerate the processing of cases.
The State of Exception and Economic Emergency Decree was submitted to the National Assembly for consideration and approval in accordance with Article 339 of the Constitution and Article 26 of the Organic Law governing States of Emergency, and in its special session of May 17, 2016, the assembly denied approval of the decree.
On the same date the National Assembly approved an agreement denouncing the fact that the State of Exception and Economic Emergency Decree deepens the serious alteration of the constitutional and democratic order being suffered by Venezuela.
Similarly, the State of Exception and Economic Emergency Decree was referred to the Constitutional Chamber of the Supreme Court for a ruling on its constitutionality, in accordance with Article 339 of the Constitution and 31 of the Law Governing States of Emergency.
On May 19, 2016, the Chamber issued Ruling No. 411, declaring the constitutionality of this decree and stating that it was issued in compliance with the Constitution, the Organic Law on States of Exception and other legal instruments, preserving human rights and protecting the Constitution, the State, its Institutions and the People. It also declared that it entered into force as of the date it was issued and that its legal and constitutional legitimacy, validity, effectiveness and efficiency irrevocably remains intact, as provided in the Constitution of the Bolivarian Republic of Venezuela.
This State of Exception and Economic Emergency Decree is valid for 60 days from May 13, 2016, and may be extended for 60 days more.
In this regard, it should be noted that decree No. 2,184 declaring an economic emergency throughout the national territory, was published in Extraordinary Official Gazette No. 6,214 of January 14, 2016, also in accordance with Articles 337, 338 and 339 of the Constitution, for a period of 60 days, extendable for 60 days more.
Publication
Miranda Cole and Francesco Salis from our Brussels office are the authors of a chapter on the evolving view of data in the application of competition law.
Publication
Miranda Cole, Lara White and Christoph Ritzer from our Brussels, London and Frankfurt offices are the authors of a chapter on how the interplay between competition and privacy law is affecting online advertising.
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Unannounced inspections by competition authorities, usually called “dawn raids”, are undoubtably one of the most efficient tools for collecting evidence and enforcing competition rules. They are also an area where investigators test (and sometimes exceed) the boundaries of companies’ procedural rights.
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