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Cortázar, Javier --- "Andean Competition Law: Looking for the Private Sector, or the Quest for the Missing Link in Antitrust" [2012] ELECD 892; in Drexl, Josef; Bakhoum, Mor; Fox, M. Eleanor; Gal, S. Michal; Gerber, J. David (eds), "Competition Policy and Regional Integration in Developing Countries" (Edward Elgar Publishing, 2012)

Book Title: Competition Policy and Regional Integration in Developing Countries

Editor(s): Drexl, Josef; Bakhoum, Mor; Fox, M. Eleanor; Gal, S. Michal; Gerber, J. David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781004302

Section: Chapter 7

Section Title: Andean Competition Law: Looking for the Private Sector, or the Quest for the Missing Link in Antitrust

Author(s): Cortázar, Javier

Number of pages: 26

Extract:

7. Andean competition law: looking for
the private sector, or the quest for
the missing link in antitrust
Javier Cortázar*

1. INTRODUCTION
At the end of the day more and better business is what competition law is all
about. Therefore, sound competition law is in the interest of all: it matters
not only to national authorities and some international agencies, but espe-
cially to the private sector, where businesses come from.
As I come from the private sector I will focus on its role in Andean
antitrust law (Decision 608 of 2005),1 especially because, as we will see, it
is one of the pinions that urgently need to be assembled within the Andean
system, which, though a very good system, paradoxically, has not yet been
enforced.
The quality of Andean competition law is so high in part because of the
legal system in which it was conceived, the Andean Community Law. For
this reason, I will first refer briefly to its main features, before also briefly
describing Decision 608, putting some emphasis on what Professor Fran-
cisco Marcos of the Spanish Instituto de la Empresa Business School


* Mr Cortázar is the author of the books Hacia un Nuevo Derecho de la
Competencia en Colombia (Towards a New Competition Law for Colombia,
Bogotá 2003), Curso de Derecho de la Competencia (Textbook on Competition
Law, Bogotá 2011) and translator into Spanish of Professor David Gerber's latest
book, Global Competition: Law, Markets, and Globalization (Oxford 2010), which
will be ...