Conceptualización de la unidad económica en el Ecuador.

Abstract

The present project addresses the conceptualization of the economic unit in Ecuador, focusing on the absence of clear regulations on the definition of "economic group" in the context of market competition. This legal vacuum causes problems by not respecting the "corporate veil", complicating the regulation and control of economic concentration. It also focuses on the legal and economic conceptions of the economic unit. The structural components of economic units in Ecuador are examined, classifying them into companies, cooperatives and self-employed. It also reviews economic concentration operations, which involve mergers, acquisitions or any form of business combination that may affect competition in the market. Legal loopholes in the Organic Law on Regulation and Control of Market Power are analyzed in relation to the doctrine of economic unity. The lack of a precise definition of "economic group" in Article 14 (e) of the law generates legal uncertainty and difficulties in the application of market control rules. In addition, case studies are presented from Colombia and Chile, where clearer and more specific regulatory frameworks have been implemented to define and regulate economic groups. These comparative experiences provide valuable lessons for the reform of Ecuadorian regulation. The thesis suggests that legislative reform should include precise definitions and clear criteria on the composition and operation of economic groups. This will allow for a more effective and equitable regulation of market power, protecting both competition and the integrity of the Ecuadorian legal framework.