2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 13 - Monopolies and Restraint of Trade (§§ 251 — 276) › § 272 - Administrative organization

(a) Office of Monopolistic Affairs; organization and powers. — The Office of Monopolistic Affairs in the Department of Justice is hereby created. Said Office shall operate under the general supervision of the Secretary of Justice, but its immediate direction shall be in charge of an Assistant Secretary of Justice appointed by the Secretary of Justice.
Under the direction of the Assistant Secretary, the Office of Monopolistic Affairs is empowered:
(1) To compile and arrange information on competitive practices in the Puerto Rican market and its relations with the markets of the United States and foreign countries, with the purpose of determining which practices entail restraints to free trade and tend to an undue concentration of economic power, and to require from any person, as the said term is defined in this chapter, such reports as may be considered necessary to such ends, and shall prescribe by regulation the periods to be covered by such reports, as well as the form and content thereof. Said reports may require not only internal information in connection with the person affected, but also information pertaining to commercial relations thereof with other persons. Failure to render a report within the term fixed by the regulations shall constitute a misdemeanor and the person who commits the same may be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding ninety (90) days, or by both penalties. In the case of a corporation the minimum fine shall be five hundred dollars ($500).
(2) To conduct the necessary investigations and take the corresponding actions to enforce compliance with its own orders and those of the courts of justice, given under this chapter.
(3) Investigate and make recommendations to the Secretary of Justice in those cases in which any corporation is incurring in an abuse of its corporate powers, in accordance with the provisions of the General Corporation Law.
(4) To keep the public informed of its activities to enforce compliance with the provisions of this chapter and foster in trade voluntary compliance with the provisions and objectives thereof. To that end, industrial and commercial conferences should be encouraged as well as the adoption of commercial rules to promote in a fair manner free competition.
(5) To promulgate, with the approval of the Secretary of Justice, and of the special board created in subsection (b) of § 259 of this title, in the proper case, such rules and regulations as may be necessary and proper for the enforcement of this chapter, and for the exercise of the powers of the office or the discharge of its duties. The rules and regulations approved by virtue of this provision shall have the force of law once the provisions of Act No. 112 of June 30, 1957, are complied with.
(6) On behalf of the Secretary of Justice, to represent the Commonwealth of Puerto Rico in any judicial action, criminal or civil, in first instance or on appeal, or in those proceedings before federal authorities, administrative or judicial, in which the Commonwealth of Puerto Rico should be interested and which deal with maintaining free competition.
(7) To comply with all other matters which may be entrusted thereupon by the Secretary of Justice for the enforcement of this chapter and submit to such official the reports that he may require.
The enumeration of powers made in this section does not imply a limitation on the powers of the Assistant Secretary or of the Office of Monopolistic Affairs in accordance with the other provisions of this chapter.
History —June 25, 1964, No. 77, p. 235, § 16.