JOURNAL ARTICLE

Cultural challenges to competition law enforcement in Latin America.

  • Published In: Journal of Antitrust Enforcement, 2024, v. 12, n. 3. P. 511 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Peña, Julián 3 of 3

Abstract

This article examines the cultural challenges faced in the enforcement of competition law across Latin American jurisdictions, highlighting that despite widespread adoption of similar competition laws inspired by American and European models, enforcement outcomes often diverge significantly. Key factors influencing these differences include distinct social values, economic conditions, political dynamics, institutional frameworks, and legal traditions rooted in Latin America’s unique historical and cultural context. The article emphasizes that competition law in the region has undergone a "mutation" or "flexibilization" process to adapt to local realities, sometimes incorporating non-competition objectives such as price controls or political goals. It further discusses challenges such as limited competition culture, strong informal economies, political interference, weak institutional independence, and resistance to private enforcement mechanisms common in Anglo-American systems. The article concludes that effective competition law enforcement in Latin America depends on internal adaptation to cultural and institutional realities alongside learning from international experience, supported by interdisciplinary dialogue among stakeholders.

Additional Information

  • Source:Journal of Antitrust Enforcement. 2024/11, Vol. 12, Issue 3, p511
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:2050-0688
  • DOI:10.1093/jaenfo/jnad041
  • Accession Number:180861102
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