Clarifying the State Business Activity: Towards an Adequate Construction of Non-Economic Activities

Abstract

In our country, within the framework of the application of Legislative Decree 1044, the State’s business activity may constitute an act of unfair competition in the modality of violation of rules, provided that this activity of the State has not been developed as established in Article 60 of our Constitution. INDECOPI, through its various pronouncements, has developed criteria to address this problem. For this reason, this essay aims to assess whether the criteria determined by this administrative authority is sufficient to understand the activities of the State within our legal system. To do this, we will focus on the first level of analysis of this issue, which consists of the distinction of economic (business) and non-economic activities of the State, the latter being the target for criticism and an approach to solution, to obtaining a clearer path of participation from public entities and businesses in the market.