Abstract

BELTRAN VALENCIA, Gustavo Adolfo. Civil liability in the field of restrictive practices to free competition. rev.ces derecho [online]. 2020, vol.11, n.2, pp.108-136.  Epub July 28, 2021. ISSN 2145-7719.  https://doi.org/10.21615/cesder.11.2.7.

Competition law comprises two regulations, on one hand, the rules related to unfair competition, on the other, the rules on restrictive business practices, however, anti-competitive conduct lacks a special regime of individual civil responsibility, this situation does not comply with an adequate competition law to protect free and fair competition, especially with current technological advances, there is the possibility that commercial agents carry out much more sophisticated and complex anti-competitive practices with a high potential to cause damage to other market participants, hence the proposal of structuring a particular regime of civil liability derived from the damages caused by anti-competitive practices, that is coherent with a constitutional regime based on the protection of free and fair competition.

Keywords : Cartel; Abuse of dominant position; Trust; Tort Law; Restrictive practices to free competition..

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