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Antitrust Developments Update

A. Investigations, litigation or inquiries from Government Agencies

Not many cases have been filed for investigation in connection with competition issues.

The most relevant cases filed during the calendar year 2000 were the following:

1. Investigation by the Antitrust Commission (CLICAC) by petition of the Asociacion Panamena de Agencias de Viaje y Turismo ("APAVIT") against Continental Airlines, S.A., American Airlines, S.A., Delta Airlines, Inc., International Airlines, S.A., Continental Airlines, ("hereinafter AIRLINES") The denunciation was presented by APAVIT due to alleged Monopolistic Practices incurred by the AIRLINES. CLICAC is presently investigating the alleged practices undertaken by the AIRLINES.

2. Investigation requested by the Asociacion de Distribuidores de Gasolina y Otros Productos Derivados del Petroleo ("ADIGAS") vs. ESSO, TEXACO, DELTA, SHELL and ACCEL ("Oil Companies"). CLICAC is presently investigating the alleged practices.

3. Investigation of the meat market. This year the Commission has performed few investigations,
and most of them have been due to complaints of individuals.

Pardini & Associates is currently engaged in cases 1 and 2 above.

There exists no written detail of the cases that have been presented to the Commission and of the ones that have been resolved. To date no case has been resolved or completed. It is most difficult to have a complete detail, report or summary of each of the cases that have been investigated since 1996 to date.

B. Proposed or adopted legislation (or amendments) relating to antitrust/trade regulation

Except for Law Decree No. 31 of 1998, which regulates Law No. 29 of 1996, no additional modifications or amendments have been made to Law No. 29 of 1996, since its enactment.

C. Examples of situations involving the application of antitrust/trade regulation laws:

As an example of a situation involving the application of antitrust/trade regulation laws we may mention the participation of CLICAC in the analysis of the contract of the Nation with Refineria Panama, S.A. In this case, CLICAC prepared for the Executive Branch a technical report to this effect.

Juan Francisco Pardini
pardini@padela.com

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