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Competition promotion and advocacy by Spanish Competition Authorities: prevention and peaction against unjustified restraints on competition

Date: 12/04/2019

Author(s): Francisco Marcos

Format: Research Article

Area(s): Business & Corporate Law, Global, Comparative and European Law

Organización: SSRN

Publication: Go to the article

This article examines the activities of promotion and advocacy of the Spanish competition authorities in the face of unjustified public barriers and restrains to competition, distinguishing between preventive and reactive tools. The preventive measures are articulated through reports that seek to inspire regulation and administrative action, persuading the public authorities to adopt those solutions that are more respectful of free competition in the markets. The reactive action is verified once the regulation or administrative action has occurred through their challenge in court. This mechanism of intervention ex post has been reinforced in December 2013 with the recognition to the National Markets and Competition Commission of additional powers to challenge restrictive public measures in accordance to the Market Unit Guarantee Law (MUGL).