The competences of the National Markets and Competition Commission and the Regional Authorities in the application of the Competition Law

  • Javier Guillén Caramés
DOI: https://doi.org/10.18543/ed-63(1)-2015pp37-83
Keywords: Competence tittles, exclusives, shared, execution, authorities, independence, instruction and resolution, Law 15/2007

Abstract

From the STC 208/1999 that was limiting merely to recognizing to the Regional Communities their competence in the execution of the market, has proliferated the whole regional network of the Competition Authorities with an own idiosyncrasy. Such a complex panorama needs a brainy and honest analysis of the corresponding competence tittles as for law of the competence, analyzing the application of the area of the exclusive competences of the State, the competences of execution of the CCAA and even the possible competence invasions in matters as the problem of the control of the concentrations.

In the same order of ideas, the force of the Law 15/2007 supposed a point of inflexion as for the organizational paradigm of the Competition Authorities, overcoming the dual model and advancing towards a model of the unique organism. That such an advance provokes that CCAA had to react, well adapting to the new winds, or even being condemned to his own ostracism. Those who survive bet for strengthening its independence, and for achieving the necessary integration in the unique organism of the assignments of instruction and resolution of processes.

In this sense, mercy will not turn out to be paltry to analyze deeply the specific activity of the Competition Authorities, which not only summarize the instruction and resolution of sanctioning procedures, but also activities properly of promotion in light of the own instruments of the soft law.

As squaring of quite this agents´ complex network guardians of the defense of competition, will enter scene criteria foreseen by the Law 1/2002 to delimit when a conduct alters the free competence in a supra autonomic or in the set of the domestic market, among others the dimension of the market, the market share, the scope of the restriction, etc.

Published online: 13 July 2015

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Published
2015-07-13
How to Cite
Guillén Caramés, Javier. 2015. “The Competences of the National Markets and Competition Commission and the Regional Authorities in the Application of the Competition Law”. Estudios De Deusto 63 (1), 37-83. https://doi.org/10.18543/ed-63(1)-2015pp37-83.
Issue
Vol. 63 No. 1 (2015)
Section
Special Issue

Last update: 08/02/2022

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