TENSIONS AND SYNERGIES BETWEEN FREE COMPETITION AND THE RIGHT TO HEALTH DURING THE PANDEMIC: AN ANALYSIS IN THE PERUVIAN CONTEXT

Abstract

The Covid-19 pandemic exposed the tensions between free competition and the right to health within the framework of the social market economy model in Peru, particularly in Lima. This article analyzes the measures implemented by the government during the health emergency, such as the regulation of the medicinal oxygen market, vaccination strategies, and socioeconomic mitigation policies. Through a qualitative approach based on documentary analysis, case studies, and international comparison, this study examines regulatory challenges, market dynamics, and structural inequalities that impacted equity in access to essential services.

The findings highlight the inadequacy of the regulatory framework to prevent speculative practices and ensure equitable distribution of healthcare resources. Additionally, opportunities for synergy between the market and the State are identified, such as public-private collaboration in the provision of essential goods. Finally, recommendations are proposed to strengthen regulatory capacities and achieve a balance between economic efficiency and social justice in future health crises.