Infractions of the Competition as Externalities

Posted by Social Science Research Network

Infractions of the Competition as Externalities

By Enrique Sanjuan 

PUBLIC LAW VS PRIVATE RIGHT OF COMPETITION

In the present work we analyze the irrecoverable loss of the market derived from an anti-competitive infringement and the social damage caused together with the specific damages individualized in each one of the affected companies. This analysis leads us to consider that the public policies of the agencies are insufficient for the repair of the damages since they are essentially directed to the social welfare coverage and not to individual reparation. For this reason, we advocate a more intense development of private collective actions as a remedy for those damages and for the specifically dissuasive nature that they may have in relation to those who intend to perform such behavior.

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