Histories of competition law in Latin America

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Abstract

In this chapter we present a characterization of three types of competition law regimes in Latin America that have followed each other since the second half of the twentieth century. Each type, or “layer,” corresponds not only to a particular historical period, but also to a particular group of ideas about competition and of regulation. First, we conclude that there are important differences among the different competition law regimes of the region. Such heterogeneity may be determined by a range of factors, such as the enforcers’ technical capacity, their independence, or the overall ideology of each regime; in any case, there is little empirical evidence that accounts for these divergences. Second, the reforms introduced during the 1990s were not as sweeping as the conventional narrative suggests. The second generation regimes resemble their forebearers in important aspects, such as relying on public enforcement through competition agencies. Third, there are important aspects of Latin American competition law where there is preciously little research, for example, about the early adoption and implementation of competition laws, and the evaluation of the impact of antitrust enforcement.
Translated title of the contributionHistorias del derecho de la competencia en América Latina
Original languageEnglish (US)
Title of host publicationCompetition Law in Latin America
Subtitle of host publicationA practical guide
EditorsJulián Peña, Marcelo Calliari
Place of PublicationHolanda
PublisherWolters Kluwer (UK) Ltd.
Chapter6
Pages89-100
Number of pages11
Volume1
Edition2
ISBN (Electronic)ISBN 978-94-035-3700-9
ISBN (Print)978-94-035-3695-8
StatePublished - 2022

All Science Journal Classification (ASJC) codes

  • Law

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