A PYMNTS Company

Competition Buzz: From object to effect and from reason to per se: The RECAPT decision and the standard of proof to sanction cartels in Ecuador

By  |  January 9, 2018

By: Mario Navarrete Serrano

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    On October 19, 2017 , the Supreme Court of Justice of Ecuador heard and decided its first competition law case . The decision is nothing less than radical, and its effects will have profound impacts on the work of the Ecuadorian regulator, the Superintendence of Market Power Control. The Court decided that under Ecuadorian law there is no per se rule when assessing restrictive agreements covered by Art. 11 of the Organic Law of Regulation and Control of Market Power – LORCPM (the equivalent to Article 101 (1) of the TFEU), and that the Superintendence must prove specific effects in all cases, even those where the object of the restriction is clearly anti-competitive.

    Full Content: Here

    Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.