The recognition of corporate freedom is the framework of a free market system and constitutes one of the main pillars on which the Spanish economic system has been built since 1978. This economic model rests on unfettered supply and demand for the production and distribution of resources. The Spanish constitution guarantees corporate freedom, but it depends on the establishment of a market order and fair competition system in which companies compete in the same conditions without unfair privileges.
Generally speaking, the consolidation of free competition in the different markets of products and services in Spain has been a slow process, taking place over the last few years. The progressive consolidation of free competition was only achieved in many Spanish economic sectors after changes in legislation and through reiterative doctrine of Spanish authorities in the field of competition.
In awareness of the many exceptions to the principle of free competition in the different markets that make up the Spanish national economy, Instituto de Empresa wants to promote the development of an "Observatory on Competition Policy" (OCP) in order to study and analyse more deeply situations that arise in Spanish markets where there is a distinct lack of competition.
Hence, the OCP aims to close an important gap that exists in scientific research in the field of the defence of competition (in legal and economic terms in Spain). With this initiative, Instituto de Empresa aims to create a platform that will constitute a scientific point of reference both in Spain and worldwide for the status quaestionis of competition policy in Spain. Although studies and research at the OCP will examine mainly the problem that each case poses for the Spanish market, they will also cover the growing link with and integration into the European market, along with comparative experiences in other, foreign markets.
The OCP aims to provide a route through which to channel collaboration with different companies and institutions interested in promoting research and dissemination of knowledge in the field of competition policy and defences of fair competition in Spain. The OCP~s mission is to integrate diverse opinions which can be basically sustained in the different areas of research, including the important part pertaining to the representatives of public organisms and authorities that are responsible on a regional, national and community level for the application of legislation in defence of fair competition. The OCP~s activities will focus on specific projects that involve study and research in different sectors of the market where the greatest problems are seen to exist.
The OCP faculty comprises professors from the different areas involved in the competition policy training programmes run by Instituto de Empresa, and other professors specialised in competition policy, who collaborate in research projects.
The activities of the OCP form part of the broad range of projects that take place at Instituto de Empresa as an international business school, with an innovative approach and markedly entrepreneurial spirit.
In order to fulfil its dual role of research and dissemination of the persistent limitations that plague free competition in the different markets, the Observatory will centre on:
Public interest activities and promotion of free competition
The OCP also focuses its activities in promoting the values of free competition, collaborating with the public institutions and the private firms concerned with these issues. This collaboration is carried through the desinterested participation in conferences, seminars and workshops national and international of expets in antitrust and regulation matters, and also in the publication of articles and reports. Recently it has filed written observations to the White Book for the reform of the spanish´s defence competition system and to the Draft Bill of February 2006 and to the Royal Decree Project for which the competition law is being prepared.
The OCP centres its activities on those sectors where the conditions of competition (or lack of competition) most need study and investigation, and its organisation aims to incorporate as associate companies those firms most interested in collaborating in the activities of the observatory. In March 2004 ONO became an associate company in order to undertake a project requiring the deep research and analysis of competition in the pay-TV market in Spain.
In september 2005, Intur became member of the OCP, interested in promoting research on the liberalization of the funeral services, competition constraints in the funeral services market and other related markets
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