Crítica a estándares de escrutinio judicial para determinar la ilicitud de conductas de mercado.

Abstract

In Ecuador, the competition law system has been one of the most controversial branches throughout history, and in order to discipline the competitive process of companies, consumers and the market, the Organic Regulation and Control of the Power of Market Law (LORCPM) has become part of our regulation. On the other hand, it is necessary to understand the investigation in depth, to establish the concepts, functionality, and history that the judicial scrutiny standards have had to determine the illegality of market conduct, as well as a comparison with the regulations of other countries, and the theories that the doctrine has established, being necessary so that through an appropriate critique it can be determined which rule should fit within the Ecuadorian regulations, managing to obtain more efficient and effective resolutions while maintaining constitutional principles such as speed and effective protection of the consumer and market rights.