Public policy and the right to free economic competition

Abstract

Free economic competition, as a right and guiding principle of constitutional rank, can be restricted by economic agents. The State must intervene in search of its guarantee through the formation of public policy. Therefore, the purpose of this article is to reflect on some aspects of the policy of the right to free competition. Methodologically, the text is based on the interpretative paradigm and the study is approached from the documentary method, for which different bibliographical sources specialized in the subject were consulted, as well as some legal norms and sentences issued by the Constitutional Court of Colombia. It is concluded that the axes of the referred policy are institutional strengthening, sanctioning capacity, independence, the whistleblower system and the promotion of competition, supported by legal norms, action plans, programs and rulings. With respect to the jurisprudential analysis, it was observed that the closing body of the constitutional jurisdiction has contributed significantly to the development and effective implementation of the public policy of the right to free competition.