Thēmis (Jul 2015)

The Court of Roberts (the United States Supreme Court) versus the peruvian Constitutional Court: free competition in constitutional jurisprudence

  • Oscar Sumar Albujar

Journal volume & issue
Vol. 0, no. 67
pp. 217 – 225


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Within the framework of the process of constitutionalization of Law, the treatment towards antitrust regulation is being discussed on the jurisprudential level. An idea has appeared that suggests that deciding against antitrust regulationis beneficial for companies, but has a negative impact towards society In the present article, the author does a comparison between the Peruvian Constitutional Court jurisprudence about antitrust and the jurisprudence of the Supreme Court of the United States, demonstrating that tending towards regulation is harmful for society. The author also raises the question about the reasons for which the Supreme Court of the United States has a clear and defined criteria to decide when it is convenient to regulate antitrust, called “decision theory”, while the Peruvian Court has an erratic and unjustified criteria to decide aboutregulation of antitrust.