Contrato de franquicia, un obstáculo para la libre competencia en el sector farmacéutico ecuatoriano.

Abstract

The Franchise contract is an instrument through which a party that acquires the name of franchisor, delivers a business model, with the possibility of using a brand, the logo or a distinctive sign to another party that acquires the name of franchisor, that is who will take this business model and use it in order to obtain something in return. The franchise contract has been used in different markets, the pharmaceutical market is no exception, thus, drug distribution companies have seen in the franchise contract a functional and lucrative business model. For this reason, different pharmacy chains have been created over time that have become franchises of each company and it is these pharmacies that are used for the distribution of the medicines that each company imports and distributes. Competition Law is the branch of law that seeks to prevent and punish practices that restrict, prohibit, limit or distort competition within the market. Thus, Competition Law intervenes in the pharmaceutical sector, ensuring that the practices within this sector of the market are balanced and fair in the face of other competitors and the final consumer. In this way, it is necessary to analyze whether the franchise agreement affects Competition Law, either from the point of view of the economic agents with market power, the other competitors in the market and the final consumer.