Fijación de precios de reventa y abuso de poder de mercado en Ecuador.

Abstract

This research provides a legal analysis of abuse of dominant position and resale price fixing from a comparative law perspective between Ecuador and United States to solve gaps in Ecuadorian normative. The study takes as its main reference Resolution SCPM-INJ-22-2022, concerning Chaide y Chaide S.A., in which the Ecuadorian competition authority examined conduct related to resale price fixing and its potential effects on competition. Based on this precedent, the research examines the Ecuadorian constitutional and legal framework, particularly the Organic Law for the Regulation and Control of Market Power, and compares it with the case we will study, Leegin Creative Leather Products, Inc. V. PSKS, INC., 551 U.S. 877 (2007), concerning vertical minimum resale price maintenance.. The study identifies similarities and differences regarding the legal classification of the conduct, the criteria used to determine the existence of anticompetitive practices, and the mechanisms for protecting competition. Finally, it concludes that the experience of the United States may provide useful criteria for strengthening the application and development of the Ecuadorian competition law framework.