La defensa de la competencia en el Perú en aplicación del derecho internacional y el derecho comunitario andinoanálisis y propuestas para su fortalecimiento

Abstract

This thesis aims at suggesting proposals for strengthening the defense of competition in Peru, as a result of the analysis of instruments provided by International Public Law and Andean Community Law and considering their proper application in the country. At the international level, there is no unified normative framework for the defense of competition, and there are no current negotiations to establish it. Even though there are legal regulations serving as benchmark in the context of the United Nations Conference on Trade and Development (UNCTAD) and the Organization for Economic Cooperation and Development (OECD), these are properly soft law instruments. It is well known that the process of integration of institutional and legal framework within the Andean Community has made possible the implementation of a free trade zone between Bolivia, Colombia, Ecuador and Peru. In this context, Andean Community Decision 608, which exhibits a meager application, was enacted setting forth rules for the protection and promotion of free competition in its integrated economic space, including Peru. In view of the results of our research and the critical analysis, legal reforms and improvements are proposed in order to allow for the strengthening of the Peruvian system of defense of competition, which must be aligned with that of the Andean Community and international legal framework. In the elaboration of our thesis, the consultation and analysis of treaties, normative instruments, soft law documents, jurisprudence, decisions and administrative opinions is prioritized, both from international and Andean Community sources, as well as from national sources. It should be noted that, besides valuable exceptions, there is no abundant, significant or current production of specialized doctrine on the discussed subject from the Andean Community or Peru.