¿HÉROES O VILLANOS?: LOS ACUERDOS DE COLABORACIÓN EMPRESARIAL Y SU INCIDENCIA SOBRE LA LIBRE COMPETENCIA

Abstract

The vertiginous changes taking place in the industry, alongside the appearance
of a much more demanding consumer, had created the necessity for corporations
to establish alliances in order to overcome their lack on technical, financial, organizational
or structural capabilities. Most of the times, these alliances include an
agreement or clause that could be deemed to be anticompetitive or signaled as a
per se prohibition. Nevertheless, time has proved that these agreements are usually
harmless and even able to be procompetitive, forcing competition agencies to be
more flexible in their analysis, avoiding ideological bias, thus promoting positive
collaborations for the market. In this article, we describe collusive behavior, specifically
on technological and retail markets, that is efficient and has positive consequences on the welfare of consumers. We intend to understand the economic
reasons behind and study the foreign jurisprudence that addresses them. That on
mind, we conclude that we should not only allow these type of alliances, but encourage
them through the government.