Principales Prácticas Restrictivas a la Libre Competencia Ejecutadas por los Oferentes en el Marco de Procesos de Selección de Contratistas del Estado

Abstract

The right to the free economic competition, guaranteed in the Colombian juridical arranging from the prescription contained in the article 333 of the Constitution of 1991, finds its most legitimate representation in the ambience of the state hiring in the beginning of offerors‟ free concourse, which turns out to be damaged across practices executed between offerors, and even between these and state entities, with the intention of looking for benefits in the selection of the State contractors. From this perspective it becomes necessary to determine what are the main practices executed by the offerors in the processes of contractors' selection that damage the constitutional law to the free competition and that have been investigated by the Supervision of Industry and Commerce, for which the juridical nature of the constitutional law will determine to the free competition in the frame processes of state hiring, there will be auscultated the role of the Colombian Supervision of Industry and Commerce opposite to the guarantee of this right in processes of state hiring, there will decide the possible application of the restrictive practices of the competition typified in the Colombian juridical arranging in processes of contractors' selection of the State, and there will be analyzed some brief cases in which the SIC applied juridical measurements in supposed cases of collusive practices, this way to understand the form as such practices are consolidated in the processes of selection of contractors moved forward by state entities.