Análisis comparativo de los sistemas de aplicación privada y pública de las normas de libre competencia en los países integrantes de la comunidad andina

Abstract

The private application model for the application of the regulations of the competition law recently became in continental law as an additional and more suitable mechanism than the traditional public system, having achieved reinforced the full compliance of the laws protecting competence. However, the introduction of this system in European law happened after a long and established development of public enforcement, which sees damage claims as its complement, instead of seeing it as its detractor. To this effect, this document aims to analyze the characteristics of each one of the application models in order to reach conclusions that allow for the consolidation of an efficient system against anticompetitive behaviors.