GRANTING OF GUARANTEES IN COMPETITION LAW (A legal and economic analysis)
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The authors in this work study the institution of the guarantee in the Colombian Competition Law. From the market concept, the authors investigate the nature of the right to the free competition and its limits to arrive to a description of the acts that the Colombian law considers like anticompetitive. Once defined the conceptual frame, the authors study the institution of guarantee in the competition law, studying the principle of sufficiency and the problematic one that glimpses, showing, in addition, legal positions to favor and against the institution. Authors from the Sevex model (1987), with some modifications, use the economic theory to explain the effects that the institution of guarantee produces, showing the economic problems that are caused with their application. Finally some conclusions are offered.
jel: d21, d43, k21, k23
Free competition, market, guarantee, sufficient guarantee, optimal sanction, expected sanctionLibre competencia, mercado, garantía, garantía suficiente, sanción óptima, sanción esperada