Back to Search Start Over

Cultural challenges to competition law enforcement in Latin America.

Authors :
Peña, Julián
Source :
Journal of Antitrust Enforcement; Nov2024, Vol. 12 Issue 3, p511-548, 38p
Publication Year :
2024

Abstract

The internationalization of competition law in recent decades has been very successful. A very large number of jurisdictions have now adopted competition laws and apply them in marked similarity. And yet, at times, these laws, despite the similarity in wording and theory, lead to substantial differences when enforced. Differences in the meaning attributed to various concepts, to the goals of competition laws and to the methods of implementation, may result in inconsistency in the enforcement. The Latin American experience reveals a certain level of mutation process from the model laws through the flexibilization in their competition law enforcement, influenced by their own social values and beliefs, as well as their economic, political, institutional, and legal cultures. These cultural challenges need to be solved internally in each jurisdiction to allow competition law enforcement to further develop. Those jurisdictions where competition law enforcement has evolved the most are those that have adapted their competition laws to their cultural realities, while at the same time learning from the international experience. An interdisciplinary debate, at the local and regional levels, has showed to be an essential tool to help find possible solutions to the different challenges Latin American enforcers face. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20500688
Volume :
12
Issue :
3
Database :
Complementary Index
Journal :
Journal of Antitrust Enforcement
Publication Type :
Academic Journal
Accession number :
180861102
Full Text :
https://doi.org/10.1093/jaenfo/jnad041