Edited by Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal S. Gal and David J. Gerber
Chapter 7: Andean Competition Law: Looking for the Private Sector, or the Quest for the Missing Link in Antitrust
Javier Cortázar* 1. INTRODUCTION At the end of the day more and better business is what competition law is all about. Therefore, sound competition law is in the interest of all: it matters not only to national authorities and some international agencies, but especially to the private sector, where businesses come from. As I come from the private sector I will focus on its role in Andean antitrust law (Decision 608 of 2005),1 especially because, as we will see, it is one of the pinions that urgently need to be assembled within the Andean system, which, though a very good system, paradoxically, has not yet been enforced. The quality of Andean competition law is so high in part because of the legal system in which it was conceived, the Andean Community Law. For this reason, I will ﬁrst refer brieﬂy to its main features, before also brieﬂy describing Decision 608, putting some emphasis on what Professor Francisco Marcos of the Spanish Instituto de la Empresa Business School * Mr Cortázar is the author of the books Hacia un Nuevo Derecho de la Competencia en Colombia (Towards a New Competition Law for Colombia, Bogotá 2003), Curso de Derecho de la Competencia (Textbook on Competition Law, Bogotá 2011) and translator into Spanish of Professor David Gerber’s latest book, Global Competition: Law, Markets, and Globalization (Oxford 2010), which will be published in Spanish-speaking countries in February 2012. Many thanks to the Max Planck Institute, its director and staff for...
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