Antirust Law: Merger Control and Dynamic Market Processes

Posted by D. Daniel Sokol

Diego Arce Jofre, Instituto Boliviano de Investigaciones Jurídicas, Grupo de Investigación Sectores Económicos Regulados, analyzes Antirust Law: Merger Control and Dynamic Market Processes.

ABSTRACT: In the antitrust law, measurements of merger control are the result of a vision of the market and competition focused on perfect market paradigm. Overcoming this conception and replacing this point of view, for one centered in the dynamic market processes, gives us a new reading of the market and of what is meant by competition. Identify the competition, as a process of rivalry and entrepreneurship, constantly dynamic, inhibits to the justice the pursuit of perfect competition paradigm. In that order, measurements like merger cannot be legally justified and must be criticized.

This paper analyzes the merger control inconsistencies in the antitrust law, from the standpoint of the theory of dynamic market processes.