The Interested Third Partie in the Ecuadorian Competition Law, a Critical Comparative Analysis

Abstract

This research work analyzed the application of the figure of the 'interested third party' and the standard of 'legitimate interest' in Ecuadorian competition law. The purpose of the analysis was to determine the strengths and weaknesses of the national legislation in contrast with its treatment in Iberoamerican countries. Likewise, it was proposed to determine whether the law adequately protects the rights of the administered to due motivation and legal certainty. By means of a critical and deductive comparative method between norms and jurisprudential criteria of Ecuador, Colombia and Spain, the final result was the existence of serious shortcomings - and even non-existence - of norms that present a serious risk to the interests at stake both of the parties and third parties in an administrative sanctioning procedure. In both procedural and substantive aspects, Ecuador lacks specific procedural moments and adequate evaluation parameters that allow the intervention of third parties.