Alcances e interrelación de las prácticas colusorias horizontales en el marco de la Ley de Represión de Conductas Anticompetitivas
In this article, the author analyses the scope and interrelationship between the concepts of agreement, decision, recommendation and concerted practice in the light of comparative doctrine and jurisprudence, taking particular account of the case law of the Court of Justice of the European Unio...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2020
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8073048 |
| Source: | THEMIS: Revista de Derecho, ISSN 1810-9934, Nº. 78, 2020 (Ejemplar dedicado a: Competencia), pags. 189-206 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
In this article, the author analyses the scope
and interrelationship between the concepts
of agreement, decision, recommendation and
concerted practice in the light of comparative
doctrine and jurisprudence, taking particular
account of the case law of the Court of Justice of the
European Union. In an introductory way, the scope
of some of these concepts, outlined by Peruvian
doctrine and jurisprudence, are presented,
identifying the inconsistencies between these and
the developments at a comparative level. Then
we proceed with the formulation of a proposal of
interpretation of the scope and interrelationship
existing between these four concepts, which gives
final pass to the identification of the implications
generated with the proposed proposal.
The relevance of the points addressed is supported
by: (i) the increase in the number of procedures
for horizontal collusive practices initiated by the
Technical Secretariat of the Commission for the
Defense of Free Competition of Indecopi in recent
years; (ii) the limited national case law on the
interrelationship between cases of horizontal
collusive practice and their application in the
context of the administrative penalty procedure;
and, (iii) the limited development of the national
doctrine on the interrelationship between cases of
horizontal collusive practice and their implications
in practice. |
|---|