Countries › Costa Rica › Guide › 13. Regulation › Competition law in Costa Rica: cartels, abuse of dominance, fines and leniency

Competition law in Costa Rica: cartels, abuse of dominance, fines and leniency

Last verified: 2026-10-30 · Status: Stable

Costa Rica's competition law applies to any conduct with effects in the country, even if it starts abroad. Cartels between competitors (price fixing, market sharing, bid rigging, output limits and information exchange for those ends) are void and fined per se, while vertical and unilateral conduct is punished only if the firm has substantial market power. COPROCOM, or SUTEL in telecoms, can fine up to 10% of the prior year's turnover, bar bid riggers from public tenders for up to ten years, and grants full immunity to the first cartel member that reports.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent. Salario base figures use ₡462,200 for 2026 (Poder Judicial Circular 246-2025 under Ley 7337 art. 2).

Key facts

Maximum fine for very serious infringements	10 % of prior year turnoverLey 9736 art. 119(e), as of 2026-10-30 · in force
Fine reduction for first cartel applicant	100 %Ley 9736 art. 121, as of 2026-10-30 · in force
Fine reduction for second cartel applicant	50 %Ley 9736 art. 123, as of 2026-10-30 · in force
De minimis combined market share	5 %Ley 9736 art. 114, as of 2026-10-30 · in force
Limitation period to open a case	4 yearsLey 9736 art. 129, as of 2026-10-30 · in force
Maximum fine on individuals	680 salarios baseLey 9736 art. 119(g), as of 2026-10-30 · in force

The rule

1. The competition chapter applies to all economic agents whose acts have effects in Costa Rica, wherever they originate; only acts expressly authorised by special laws are excluded.Ley 7472, Promoción de la Competencia y Defensa Efectiva del Consumidor (as amended by Ley 9736), art. 9, 2019-09-05 official text · verified 2026-10-30

2. Absolute monopolistic practices are agreements between actual or potential competitors to fix or manipulate prices, restrict output, divide markets by customers, suppliers, time or territory, coordinate bids or abstentions in public tenders and auctions, refuse to buy or sell, or exchange information for any of those purposes; they are void and sanctioned.Ley 7472 (as amended by Ley 9736), art. 11, 2019-09-05 official text · verified 2026-10-30

3. Relative monopolistic practices include exclusive dealing between non competitors, resale price maintenance, tying, loyalty conditions, predatory pricing, refusal to deal, price discrimination, raising rivals' costs, cross subsidies and margin squeeze; they are sanctionable only if the firm has substantial power in the relevant market, and the authority must weigh evidence of pro competitive effects or efficiencies.Ley 7472 (as amended by Ley 9072 and Ley 9736), art. 12 and 13, 2019-09-05 official text · verified 2026-10-30

4. Monopolistic practices by agents that jointly hold less than 5% of the affected relevant market are not punishable.Ley 9736, Fortalecimiento de las Autoridades de Competencia, art. 114, 2019-09-05 official text · verified 2026-10-30

5. Minor infringements (late or incomplete information, notifying a merger after closing, hindering an inspection) are fined 0.1% to 3% of total prior year turnover; serious ones (refusing information, false information, failing to notify a merger or closing early, facilitating cartels) 0.1% to 5%; very serious ones (absolute and relative monopolistic practices, breaching orders, commitments or interim measures, anticompetitive unnotified mergers) 0.1% to 10%. SUTEL applies the telecom law amounts instead.
Cost to do it: Up to 10% of prior year total turnover for cartels and abuse of dominance.
Example: Turnover of ₡20,000,000,000: maximum fine ₡2,000,000,000. / Turnover of about US$43,973,440.04: maximum fine about US$4,397,344.00.Ley 9736, art. 116 to 119, 2019-09-05 official text · verified 2026-10-30

6. Bid rigging also carries a ban of two to ten years on the company and its legal representatives from any public procurement; individuals who take part in monopolistic practices for a company are fined 1 to 680 salarios base, and the company or its group may not pay, insure or guarantee those personal fines.
Cost to do it: Personal fine of 1 to 680 salarios base.
Example: ₡462,200 to ₡314,296,000 in 2026. / About US$1,016.23 to US$691,033.82.Ley 9736, art. 119(f) and (g), 2019-09-05 official text · verified 2026-10-30

7. The salario base used for fines in laws that refer to Ley 7337 is the monthly base salary of the Oficinista 1 post in the national budget; the Poder Judicial set it at ₡462,200 for 2026.
Cost to do it: ₡462,200 per salario base in 2026.
Example: One salario base: ₡462,200. / About US$1,016.23.Ley 7337; Poder Judicial Circular 246-2025, Ley 7337 art. 2; Circular 246-2025, 2025-12-16 official text · verified 2026-10-30

8. The first cartel participant to provide unknown, truthful evidence that supports an inspection or proves the cartel is fully exempt from the fine (and, in public tenders, from disqualification), provided it cooperates fully, ends its participation as instructed and did not coerce others; its directors who cooperate are also covered.Ley 9736, art. 121 and 122, 2019-09-05 official text · verified 2026-10-30

9. Later applicants that add new evidence get fine reductions of 50% (second), 30% (third) and 20% (fourth); a firm under investigation that reports a different cartel gets 50% off the first and full immunity for the second.Ley 9736, art. 123 and 126, 2019-09-05 official text · verified 2026-10-30

10. Immunity does not cover civil damages to third parties, but the first applicant's civil liability is subsidiary to that of the other infringers.Ley 9736, art. 128, 2019-09-05 official text · verified 2026-10-30

11. The authority must open a case within four years of the conduct or of its actual knowledge (from the last act for continuing conduct); the power to sanction lapses four years after notice of the start of the instruction stage, and fines must be enforced within four years.Ley 9736, art. 129 to 131, 2019-09-05 official text · verified 2026-10-30

12. An investigation may be ended early through commitments offered by the investigated firm and approved by the authority, which are published and monitored; breaching them is a very serious infringement.Ley 9736, art. 65 to 81 and 118(c), 2019-09-05 official text · verified 2026-10-30

13. Unfair competition between businesses (confusion, false disparagement, misleading awards, misuse of others' marks and packaging) is prohibited, and affected competitors must sue in the ordinary civil courts.Ley 7472 (as amended by Ley 9342), art. 17, 2016-02-03 official text · verified 2026-10-30

Class	Examples	Fine
Minor	Late or incomplete information; notifying a merger after closing; hindering an inspection	0.1% to 3%
Serious	Refusing or falsifying information; not notifying a merger or closing early; facilitating cartels	0.1% to 5%
Very serious	Cartels and abuse of dominance; breaching orders, commitments or interim measures; anticompetitive unnotified mergers	0.1% to 10%

Fine bands under Ley 9736 art. 119 (share of prior year total turnover)

Worked example

Three distributors agree prices for a public tender. The company with ₡20,000,000,000 turnover (about US$43,973,440.04) faces up to ₡2,000,000,000 (about US$4,397,344.00) and a two to ten year procurement ban. If it is first to report with new evidence and cooperates, the fine and the ban are waived; the second reporter would get 50% off.
The manager who negotiated the agreement faces a personal fine of up to 680 salarios base, ₡314,296,000 in 2026 (about US$691,033.82), which the company may not pay or insure.

Step by step

Map contacts with competitors, trade associations and joint bids; stop any exchange of prices, volumes or bid intentions.
Check whether the business could have substantial market power before using exclusivity, loyalty rebates, tying or resale price rules.
Build a compliance programme with training and a protocol for dawn raids (inspections under Ley 9736 art. 82 to 87).
If a cartel is found internally, assess a leniency application quickly, since only the first four applicants benefit.
For mergers, check the notification thresholds in the acquisition page before signing.

Common traps

Conduct abroad is covered if it affects Costa Rica, so global cartels with local sales are in scope.
Information exchange alone can be an absolute practice if it serves price fixing or market sharing.
Personal fines cannot be covered by the employer, its parent or group companies.
Immunity covers the fine, not civil damages claims.
Telecom conduct goes to SUTEL, not COPROCOM, under the same law.

Sources

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