A Counterhistory of Anti-Trust in Latin America

Abstract

This chapter takes a novel approach to the history of competition law in Latin America. The established historical narrative—composed of a series of books and articles mentioned here—sees the development of competition law as a progression from state interventionism to free markets and competition. Where the narrative sees a sharp break with the past, we stress (1) the close proximity of constitutional goals and competition law regimes; and (2) an instrumental view of the law underlying the continuous resort to legal reform throughout the twentieth century. Also, it sees the demise of old, misguided economic ideas and the adoption of sound economic principles, whereas we view the transition between different economic theories regarding the role of the state. In doing so, this chapter shows that the sense of progression and improvement transmitted by the established narrative forecloses important aspects of the legal and economic tradition of Latin America and reveals the narrowness of the perspectives informing competition law in this region.