The INDECOPI website are very good news :
The Market Access Commission has determined that granting the "Company Lidercon ', which has been authorized to offer the service of" technical revisions "to vehicles, is a" bureaucratic barrier "that must be removed .
I absolutely agree, even more, this article will try to explain what this administrative decision, and also why it is also "unconstitutional."
What is a bureaucratic barrier? What is the Committee on Market Access?
According to our Constitution we are a society whose economic system is "social market." What does this mean? That we are a society in which the exchange of goods and services is determined according to the rules of supply and demand, but also that this exchange can not be unlimited but you can set some restrictions on interest.
Those limitations are not justified by the Law and the reasonableness of the public interest to establish them are "bureaucratic barriers that must be eliminated" and that classification is established by the Committee on Market Access.
If not removed these barriers the economy is less competitive, consumers can not choose goods and services are expensive.
What about the Concession to Lidercon?
In the case of the Municipality of Lima, Ministry of Transport was transferred in a little clear authority to require "technical review" to motor vehicles (cars, public transport vehicles, etc.). In exercising that power, the municipality may provide that only circulate in the city vehicles that have adopted a "technical review."
This seems reasonable, right?
However, there is more to analyze.
Who should take charge of the 'review art '?
One option would be for the City opened the workshop for review and all citizens to go to these workshops vehicle to pass the test of their cars. However, in a city with many problems such as Lima, should public funds be used for this? The most reasonable answer is no, and mainly because the fundamental issue is that the City make revisions, but that vehicles actually pass by them, no matter if they do at a workshop of the municipality or a private workshop .
It is therefore a good measure that the City has the service concession. However, it has a single company, with a term of 16 years.
In doing so, the city had created a monopoly, that is, has given some individuals a tremendous business, as citizens requires vehicle owners to choose their service and assured them a huge profit.
So we have seen the first few months have been brutal, irrational attack on citizens who have endured abuse for many hours waiting to be served .
Why? Because the only award winning company is not concerned as to win the preference of service users. Can be safely trusted because the public authority the Municipality will punish those who do not pay for their service.
Was this reasonable?
Finding the Market Access Commission that it is a bureaucratic barrier that must be removed, opens the possibility to have more companies offering this service and that they compete with each other to gain acceptance or preference users. Thus, they must provide quality service at competitive prices, which will be devoted to providing citizens the best.
Is not this a better situation than before?
Yes, and it has done in response to INDECOPI complaints from citizens. This is certainly a good news, in our country see that institutions can work!
is important to support the decision of INDECOPI and the Mayor of Lima take the most reasonable decision, granting open more than one company, as many also recommended for these companies to be audited in terms of both service security interest in the streets and on the slopes.
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