No presenta resumen

Respect for the principle of “due process” in the administrative procedure envisaged for the application of the prohibitions on anticompetitive behavior established in Peru’s antitrust regulations before Indecopi is called into question due to the lack of separation between the investigative body (Technical Secretariat of the Commission of Free Competition) and the decision-making body (Commission of Free Competition). This article examines the issue from three perspectives. First, from the functional economic perspective, the organization and the administrative sanctioning procedure provided for in the Peruvian antitrust legislation are part of the public enforcement model that entrusts Indecopi (an agency divided into two units) with the enforcement of the prohibitions of anticompetitive conduct. Inevitably, this may lead to a confirmation bias (prosecutorial bias) -conscious or ...

Respect for the principle of “due process” in the administrative procedure envisaged for the application of the prohibitions on anticompetitive behavior established in Peru’s antitrust regulations before Indecopi is called into question due to the lack of separation between the investigative body (Technical Secretariat of the Commission of Free Competition) and the decision-making body (Commission of Free Competition). This article examines the issue from three perspectives. First, from the functional economic perspective, the organization and the administrative sanctioning procedure provided for in the Peruvian antitrust legislation are part of the public enforcement model that entrusts Indecopi (an agency divided into two units) with the enforcement of the prohibitions of anticompetitive conduct. Inevitably, this may lead to a confirmation bias (prosecutorial bias) -conscious or ...

No presenta resumen

Respect for the principle of “due process” in the administrative procedure envisaged for the application of the prohibitions on anticompetitive behavior established in Peru’s antitrust regulations before Indecopi is called into question due to the lack of separation between the investigative body (Technical Secretariat of the Commission of Free Competition) and the decision-making body (Commission of Free Competition). This article examines the issue from three perspectives. First, from the functional economic perspective, the organization and the administrative sanctioning procedure provided for in the Peruvian antitrust legislation are part of the public enforcement model that entrusts Indecopi (an agency divided into two units) with the enforcement of the prohibitions of anticompetitive conduct. Inevitably, this may lead to a confirmation bias (prosecutorial bias) -conscious or ...

No presenta resumen