El Control de Concentraciones empresariales en el Perú: Bases fundamentales para su regulación

Abstract

This contribution analyzes the fundamental aspects for the regulation of the procedure for the prior evaluation of concentration operations in Peru, under the international standards developed by UNCTAD, the OECD, the ICN and the European Union. The merger control constitutes an instrument of competition policy complementary to the control of anticompetitive conducts and proposes the SIEC test (significant impediment to effective competition) with a focus on the anti-competitive effects in the structure of the market that concentrations may produce. This study is explained in the current context of the legislative debate after almost three decades of prolonged dilemma on the relevance of its implementation, in accordance with the constitutional foundation that establishes the role of the State to facilitate and monitor free competition in a social market economy. (English) [ABSTRACT FROM AUTHOR]