Keywords
per se rule
rule of reason
horizontal price agreements
externalities
efficiency
naked restraints
ancillary agreements
How to Cite
Abstract
The reader will find on this article the analysis as well as different alternatives to apply the per se rule for anti trust cases in Colombia. This study begins establishing thoughts about the anti trust law in our country seen under the perspective of a law that takes foreign institutions to apply them within its boundaries.
In the first part, it deals with the struggles between the rule of reason and the per se rule from recognizing the United States figure and working its evolution through the judgment or decisions the Supreme Court makes. This subject lets us recognize the application in North America, not as a referent of certainty but as an illustration of who constantly, and for over a century, have faced market troubles similar to ours in order to make some observations about the institution in Colombia.
After working those two case analysis methodologies, we will go over the study of horizontal agreements, which gives bases to study the third subject. This part is worked under a case of horizontal price agreement between security companies presented to the Sisxixhixgse hi Ixhse Cywigsy. The analysis is about the process development in its different instances, from the administrative aspect treated by the Sisxixhixgse hi Ixhse Cywigsy, to the Contensioso Administrativo developed by the Administrative Tribunal of Cundinamarca. In the forth part, we will work on the challenges the State Council has as an organ of closure when defining the existence, or not, of the per se rule in Colombia and the importance of this decision.
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