Posted by Social Science Research Network
By Jesús Alfonso Soto Pineda Sr. (Universidad Externado de Colombia)
Abstract: Given there has been a lack of attention given to State aid in Colombia’s antitrust system, this paper highlights the equivalent problems that this creates for markets and public trust with regards to the initiation and thereafter close relationship that develops which leads to corruption and anti-competitive behavior. Thus, in seeking to recommend the implementation of a control of State aid in Colombia, the paper looks first at the link between the corrupt act and the relevant conducts of the antitrust before examining the ex–ante and ex–post perspectives of the conferment of State aid that favor corruption practices. As part of this explanation, the paper also exposes the criteria that influence the determination of legality or illegality of State aid, such as the methods that contribute to them and the elements that must converge for them to oppose the antitrust law.