Competition Buzz: From object to effect and from reason to per se: The RECAPT decision and the standard of proof to sanction cartels in Ecuador

By: Mario Navarrete Serrano

On October 19, 2017 , the Supreme Court of Justice of Ecuador heard and decided its first competition law case . The decision is nothing less than radical, and its effects will have profound impacts on the work of the Ecuadorian regulator, the Superintendence of Market Power Control. The Court decided that under Ecuadorian law there is no per se rule when assessing restrictive agreements covered by Art. 11 of the Organic Law of Regulation and Control of Market Power – LORCPM (the equivalent to Article 101 (1) of the TFEU), and that the Superintendence must prove specific effects in all cases, even those where the object of the restriction is clearly anti-competitive.

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