The future of the decentralized application of defense of competition
Abstract
The aim of these brief lines is not any more that to realize any reflections on the functioning of the system of application decentralized of defense of competition and to propose some lines of action that could improve its functioning in the future. Thus, on one hand, the decentralized application of the regulation of defense of competence presents, a priori, some advantages, as which it can give place to an increase of the activity in defense of competence matter, the major nearness and the best knowledge of the local markets on the part of the autonomous Authorities, or that allows to the state Authority to focus its resources in the most serious cases. Nevertheless, on the other hand, the detractors of the decentralized system invoke that it supposes the duplication of organisms and that it can break the unit of application of the law of competence in the national territory.
In another order of considerations, it will been necessary of these lines to illustrate brief which has been the iter led by the competition authorities, supported by normative modifications to which the different competition authorities have been adapting. Undoubtdly, in all this tour there raises as angular stone the promotion of the competence, question that provokes the worry and occupation so much the legislative one when dictates the Lay 1/2002, of February 12 of coordination of the competence of the State and the Autonomous Communities as for defense of competition, like of the own authorities that bet for the synergy with instruments of cooperation so efficient as the «Network of Cooperation of the Competent Organs as for Competition».
Published online: 13 July 2015
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Last update: 08/02/2022
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