La reclamación extrajudicial de daños por conductas contrarias a la libre competencia: ventajas e inconvenientes de la mediación

Abstract

In our research, a critical view of mediation is offered as an extrajudicial method for the complaint of damage and damage derived from antitrust practices. It is relatively recent the possibility that those affected may complain, whereas the doctrine calls the private application of the competence, the damage and damage derived from an antitrust practice. However, even the doctrine congratulates itself for recognizing the civil action of the judgments against the antitrust practice, in the light of the problems that will make the effectiveness of the administrative resolutions in the subsequent exercise of the civil action. On the other hand, while we are at one moment in which the legislator plans to adopt a series of measures to encourage mediation as a suitable method for resolving conflicts, we reflect about the benefits and possible inconveniences of this procedural method in the context antitrust law.