Las actividades económicas que asume el Estado a través de sus empresas públicas: derecho de competencia frente a las empresas privadas

Abstract

This research focuses on competition law and its interaction with public enterprises, examining public procurement and possible violations of competition law in three chapters. The first chapter analyzes the constitutional evolution of Ecuador between 1998 and 2008, highlighting the economic constitutionalization and the introduction of the social and solidarity economy in 2008. The second deals with the social and solidarity-based economic system since 2008 and presents competition law, in which, without differentiating between the public and private sectors, the evolution of competition law in Ecuadorian constitutions is contextualized. The third chapter explores the presence of public companies in the framework of Competition Law and Public Procurement, highlighting the need to establish limits to state competition with the private sector. It concludes by highlighting the clear violation of Competition Law in Ecuador, especially in the practices of public companies during public procurement processes. Identifying problem areas such as the lack of technical criteria for state monopolies and the discretionarily of public companies. This research underlines the urgency of improving transparency, establishing limits and clarifying regulations to ensure fair and equitable competition in the Ecuadorian market.