Competition Buzz: The Effects of the Liberalization of Peruvian Urban Transport: Two Analytical Points of View on Public Dominion of Road Networks after Two Decades of ‘Market’

By: Orlando Vignolo Cueva

Large Peruvian cities suffer from serious problems that significantly affect several constitutional rights of all citizens that live or reside in them. The cause of these continuing lesions comes from the messy mercantilist, deregulated, and liberalized urban passenger-transportation applied in Peru’s reality. Such method has been largely neglected since the nineties’ decade, diminishing the importance of the principal role that Municipalities should have when defining and limiting this activity. Therefore, this paper tries to mix this past component with the essential nature of urban roads, separating the private operator market from the public infrastructure that supports and sustains its exercise, while assuming the necessity of comprehending its nature and range, and putting them into value. Consequently, by having poorly controlled market activity based on real municipal public domain – and directed towards the general interest – it becomes of dire urgency the need of change in paths from the one practiced by our own legislator and local entities, to one of different legal treatments.

Full Content: SSRN

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