IDEAS home Printed from https://ideas.repec.org/p/pai/wpaper/12-05.html
   My bibliography  Save this paper

Colusión sin evidencia directa en el Perú ¿la sospecha basta?

Author

Listed:
  • Enzo Defilippi

    (Universidad del Pacífico)

Abstract

In the largest antitrust case prosecuted in Peru during the 2000s, the competition authority fined three firms for colluding to supply oxygen to Social Security hospitals (ESSALUD). At first the case looked simple: between 1999 and 2002 these firms won tenders in the same geographical areas in processes where the other two bidders always disqualified themselves. Moreover, this is an industry with a history of anticompetitive practices, since producers of industrial and medical gases have been found guilty of collusion in several countries, including Brazil, Argentina, Chile and the European Union. However, a deeper look at the economic evidence of the case shows that it was not conclusive, since the collusion hypothesis cannot explain key facts: the reason for which the firms disqualified themselves, since the others did not require it to win the tenders; the reason why the firms would maintain a collusive agreement that could not provide higher benefits than competition; and the price evidence that shows ESSALUD was exerting market power at the same time it was the supposed victim of a collusion. Likewise, the collusion hypothesis implies that the behavior of the firms was irrational, since i) a producer representing 85% of the market colluded with two firms representing 10% and 5%, ii) to allow them to gain market share at its expense, iii) to sell the product at increasingly lower prices than those paid by the rest of buyers, iv) through contracts obtained bidding the lowest possible price. This paper argues the collusion could not be proven and thus, the case should have been dropped.

Suggested Citation

  • Enzo Defilippi, 2012. "Colusión sin evidencia directa en el Perú ¿la sospecha basta?," Working Papers 12-05, Centro de Investigación, Universidad del Pacífico.
  • Handle: RePEc:pai:wpaper:12-05
    as

    Download full text from publisher

    File URL: http://repositorio.up.edu.pe/bitstream/handle/11354/384/DD1205.pdf?sequence=1&isAllowed=y
    File Function: Application/pdf
    Download Restriction: no

    More about this item

    Keywords

    Libre competencia; prácticas anticompetitivas; colusión; Perú;

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pai:wpaper:12-05. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Giit). General contact details of provider: http://edirc.repec.org/data/deiuppe.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.