Can I sue a cartel for price-fixing in the Dominican Republic and recover damages?
Lawyer Answers
GRUPO CGR LAWYER, SRL
We greatly appreciate your inquiry. We regret to inform you that while CGR LAWYER does not handle specialized litigation in Competition Law (Antitrust), your suspicions regarding a supplier cartel are a legitimate and legally relevant concern in the Dominican Republic.
Our lawyers can offer you initial guidance, but it is vital that you know that these types of cases are complex and require a high degree of technical and economic specialization.
Your situation falls under the absolute collusive practices (cartels) prohibited by Law No. 42-08, the General Law on Defense of Competition. The path to pursue this is twofold: Administrative Route: Filing a complaint with the National Commission for the Defense of Competition (Pro-Competencia), and Judicial Route: Filing a civil lawsuit for damages before the courts.
Filing a cartel lawsuit requires much more than a simple suspicion that prices are high. Material and investigative evidence is needed to prove the collusion and the economic harm. Required Material Evidence and Specialized Investigations Active Standing and Claims.
You will need a lawyer with experience in Competition Law. Handling the complex economic evidence, the procedures before Pro-Competencia, and the civil litigation require a deep understanding of Law 42-08 and the Dominican judicial process.
Our recommendation is that you seek a law firm with a proven track record in competition cases or one that collaborates directly with economists specializing in this field.
Wishing you a good day.
CGR Lawyer, always at your service.
RIAABG
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