Explorando por Autor "Ayvar Ayvar, Ricardo"

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¿Cumplimiento o recompensa? He ahí el dilema
(Pontificia Universidad Católica del Perú, 2020-09-08) Ayvar Ayvar, Ricardo; Hernández Humire, Mirella
Indecopi, through the Commission for the Defense of Free Competition, takes several measures to ensure that economic agents comply with the provisions of the Single Ordered Text of the Law for the Repression of Anti-Competitive Behavior. Among its most relevant functions over the last years, the detection of cartels, one of the most harmful anticompetitive conducts for the market, stands out. Through this type of practice, competitors agree to set prices, limit production, divide up customers, suppliers or geographical areas, and establish positions or abstentions in a given bidding process or public tender.In this article, the authors present the coexistence of the Compliance Programs and the Rewards Program as tools for detecting anti-competitive behavior, analyzing the criteria to be considered by individuals when choosing one of them. In that sense, some proposals will be made to improve the implementation of both programs from the above-mentioned disjunctive.
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El otro “colaborador”: una mirada comparada sobre los facilitadores de los cárteles en el derecho de la competencia
(Pontificia Universidad Católica del Perú, 2018-07-03) Calderón López, Andrés; Ayvar Ayvar, Ricardo
The facilitators or informers have become important subjects in the field of Competition Law. However, just as they have served to fight against the cartels, they have also been used by the latter to facilitate and cover up their organization and activities.In the present article, the author seeks to explain and analyze the first cases resolved by the national competition authority in which said facilitators have been immersed. Likewise, an analysis of the jurisprudence on the subject is made in the United States, the United Kingdom and the European Union. Finally, the national legislation and jurisprudence on the subject is analyzed in the light of comparative law.
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La prescripción de las infracciones en el Derecho Administrativo Sancionador peruano
(Pontificia Universidad Católica del Perú, 2019-04-23) Ayvar Ayvar, Ricardo; Borda Gianella, Waldo
Prescription is a critical legal construct in Peruvian punitive administrative law, since it establishes a limit to the the punitive power of the State, which provides the citizens the legal certainty that they need when engaging with the public administration. Although most administrative procedures are regulated by a general norm, it is also necessary to consider the impact of specific norms on this institution.The author analyzes this topic by, first, addressing the legal status and typology of prescription to further adopt a stance regarding its legal framework. At last, the author refers to the materiality of its exceptional circumstances: the interruption and suspension of the limitation period.