Preventive control of business concentration: protection of free competition versus the right to freedom of enterprise in Peru and Chile

de Los Milagros Sanchez Ayen W.S. · Revista Eurolatinoamericana de Derecho Administrativo (2025) · DOI: 10.14409/ew0nqr10

Resumen

This study analyzes whether the preventive control (ex ante) of business concentrations, aimed at protecting free competition, has an impact on the right to freedom of enterprise according to the legislation of Peru and Chile. Using a qualitative approach and descriptive design, bibliographic, legal and newspaper sources were reviewed to understand the theoretical and regulatory foundations applicable in both countries. It is concluded that, although the business sector questions such control, it legitimately and proportionally affects the freedom of enterprise, since it is aimed at preserving a competitive order in the market. The State, acting in its regulatory role and under the principle of subsidiarity, exercises preventive vigilance over possible abuses of dominance and concentrates its action on avoiding serious or irreparable economic damage. Both countries apply control systems based on economic thresholds, the Chilean model being flexible and adaptive, while the Peruvian model is characterized by its rigidity. This difference highlights the need for Peru to update its regulations, considering the volatility and constant innovation of the current economic environment. Thus, ex ante control is not only legally justified, but also plays an essential role in the balance between economic freedom and general welfare.

Instituciones: Universidad San Ignacio de Loyola