The Prior Control of Clusters in a Social Market Economy: The Peruvian Case Analysis

By Milagros Olivos Celis

The concentration of enterprises is an instrument of integration and it’s ultimately result is the creation of large economic units capable of competing in a determined or particular market. Nonetheless, in some cases, these strategies may cause distortion in the market structure and damage to his actors. From the perspective of competition law, the effects of the managerial concentration can be perceived in two ways: through the ex ante analysis (control of the structures) and the ex post analysis (behavior control). Both mechanisms are the defense model of competition most used worldwide. Nonetheless Peruvian law has not comprehensively implemented this model, as a result, our regulation lacks of legal mechanisms to limit or affect concentrations that have the potential to restrict or distort competition in the market.

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