Puerto Rico. Statutory Language

Puerto Rico Statute 42-17

PUERTO RICO STATUTE

PUERTO RICAN ANTI-MONOPOLY ACT

10 P.R.

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§ 257. Definitions

The terms “person” and “persons” are used in this chapter, except as otherwise

provided, to include, in addition to natural persons, and without it being understood

as a limitation, corporations, companies, partnerships, associations, trusts, or any

other organizations or entities, as well as two or more persons, as herein the term is

defined, joined in interest; but shall not include public corporations or state

instrumentalities.

§ 258. Transactions in restraint of trade

Every contract, combination in the form of trust or otherwise, or conspiracy in

unreasonable restraint of trade or commerce in the Commonwealth of Puerto Rico or

in any section thereof, is hereby declared to be illegal and every person who shall

make any contract or engage in any combination or conspiracy hereby declared to be

illegal shall be guilty of a misdemeanor.

§ 259. Fair competition

(a) Unfair methods of competition, and unfair or deceptive acts or practices in

trade or commerce are hereby declared unlawful.

(b) Without impairment of the authority to resort to the remedies authorized

by § 269 of this title, the Office of Monopolistic Affairs, through rules and

regulations adopted as provided in § 272(a)(5) of this title, may proscribe specific

acts or practices, in a general manner or in any specific line of trade or commerce, in

accordance with the standard provided in the preceding paragraph.

The rules and regulations authorized in this subsection shall be adopted, before

their promulgation, by a special board consisting of the Secretary of Justice, the

Economic Development Administrator, the Secretary of Commerce, as ex officio

members and two citizens appointed by the Governor, with the advice and consent of

the Senate. The Secretary of Justice will be the chairman of said board and the Office

of Monopolistic Affairs shall provide it with secretarial services.

Each ex officio member may, with the approval of the board, designate a

representative of his respective department to substitute him in said board, with all

the corresponding rights and prerogatives, when he is unable to appear personally at

the meetings, but said substitute representatives may not assume the chairmanship of

the board. The name of the substitute shall be submitted beforehand to the board for

its approval. The substitute may attend the meetings of the board, but shall only have

voice and vote in case of absence of the ex officio member whom he represents.