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Simple market conquest resulting from the natural process of the greater efficiency of the subjectsincluded in the scope of this Act in relation to its competitors, does not constitute a restriction ofcompetition. It was the Merchant Law who established the figure of sole supplier, as follows: If any besole provider of a service or is obligated to supply to all stakeholders on equal terms and price product.To verify the existence of agreements, decisions or concerted practices or consciously parallel,whether written or oral, formal or informal aimed to produce, prevent, restrict or distort competitionin all or part of the national market , the burden of proof is on the CONACOM , but once proven theexistence of an infringement, the burden of proof on the existence of profits in economic efficiencythat outweigh their negative effects on the market will fall on the natural or legal person who alleged.14. E-COMMERCESince a company reported last year, two million transactions worth USD 1.3 billion dollars, the CentralBank of Paraguay (BCP) emphasized a project aims to regulate the cash withdrawals and purchasetransactions that are managed through mobile phones and establish guidelines for the electronicmedia payments entities (EMPES), in this case the telephone companies, that perform these serviceswith increasing acceptance by the public.Mobile companies performing non-bank wire transfers and payments using mobile phones as tools,shall be subject to the control and supervision of the Superintendency of Banks (SIB), which willbecome the regulatory body of the entities identified as EMPES.The BCP endowed the electronic money with the necessary security, by issuing Resolution N° 6,approved by the Board of BCP as Act 18 of March 13, 2014. Electronic money transactions are:conversion and reconversion; payments and non-bank wire transfers.As a way to facilitate the inclusion of more people into the banking system through remotemanagement and minimum requirements, the limit of 40 minimum wages for transactions is not a reallimitation to people to make non-bank wire transfers bigger, but from that number the customer mustrequest a savings account through a financial institution from its own cell, without going to a bank tocomplete the formalities.The legislation seeks, among other things, increase the levels of financial inclusion and brakingoperations to finance LD/ FT/ FP (money laundering, terrorist financing and financing of proliferationof weapons of mass destruction).15. PUBLIC-PRIVATE ALLIANCES11Berkemeyer Attorneys and Counselors | Asunción - Paraguay

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