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Superintendencia de Competencia
Competencia

Un economista debe

Autora: Flor Calvo*

El mejor consejo que he recibido durante mi pasantía en la autoridad de competencia suiza (COMCO) es que un economista debe de conocer la ley mejor, incluso, que un abogado. En principio consideré que no podía ser cierto, la ley es el campo de los abogados, pero luego de observar, conversar y discutir casos con los economistas que trabajan en la COMCO considero que es extremadamente acertado.

Dentro del campo de competencia, un economista debe conocer la ley, pero de una forma diferente a un abogado: debe entender cómo cada artículo, figura o requisito contenido dentro de la ley presupone una restricción a considerar, o si genera una hipótesis a probar. En concreto, un economista debe conocer la ley, para ser creativo al momento de analizar cada caso que se le presente.

En casos de abuso de posición de dominio, un economista debe delimitar el mercado relevante y posición de dominio de la(s) empresa(s) bajo análisis: ¿Qué mejor oportunidad para aplicar el test del monopolista hipotético a través simples pero eficientes mínimos cuadrados?

En casos de concentraciones, un economista debe establecer si estas limitarán la competencia significativamente dentro de los mercados respectivos: Excelente oportunidad para modelar la forma en que las empresas compiten en el mercado e identificar las teorías aplicables a cada situación.

En casos de acuerdos entre competidores, un economista debe de evaluar si el comportamiento de los agentes dentro del mercado responde o no a un acuerdo : La teoría del juego le permite determinar los posibles escenarios aplicables al mercado y ver si estos explican los comportamientos observados.

Al momento de establecer sanciones por prácticas anticompetitivas comprobadas, un economista debe de tomar en cuenta el daño causado por dichas prácticas: un modelo de diferencia-en-diferencia en el mismo mercado o en mercados suficientemente cercanos posibilita estimar el sobre precio generado por el cartel.

¿Y en situaciones donde no hay casos que evaluar? Un economista puede idear o utilizar herramientas establecidas para identificar carteles y, potencialmente, dar inicio a un caso por prácticas anticompetitivas.

Efectivamente, un economista debe de conocer perfectamente la ley para aplicar su conocimiento y herramientas a totalidad y contribuir a potenciar la competencia dentro de los mercados analizados.

  • Los comentarios en este artículo expresan la opinión de la autora-

  • Flor Calvo es licenciada en Economía y Máster en Economía Internacional y Desarrollo Económico, con especialización en evaluación de impacto. Ha trabajado como analista e investigadora para organizaciones internacionales como FSD y 3ie. Es Técnico Económico en la Intendencia de Investigaciones de la Superintendencia de Competencia de El Salvador y actualmente se encuentra desarrollando una pasantía en la Comisión de Competencia Suiza (COMCO).


Art. 28 Ley de Competencia, El Salvador
Art 29, Ley de Competencia, El Salvador
Art 34, Ley de Competencia, El Salvador
Art. 12, Reglamento de la Ley de Competencia, El Salvador
Busu, M., Cimpan, B. Screening methods for the detection of cartels. http://www.nis.bxb.ro/Article/NIS_3_3.pdf

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