Las competencias de la Comisión Nacional de los Mercados y de la Competencia y las Autoridades autonómicas en la aplicación del Derecho de la competencia
From the STC 208/1999 that was limiting merely to recognizing to the Regional Communities their competence in the execution of the Law of Defense of Competition, as long as does not concern the unit of market, has proliferated the whole regional network of the Competition Authorities with an own id...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2015
|
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5171977 |
| Source: | Estudios de Deusto: revista de la Universidad de Deusto, ISSN 0423-4847, Vol. 63, Nº. 1, 2015, pags. 37-83 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
From the STC 208/1999 that was limiting merely to recognizing to the Regional Communities their competence in the execution of the Law of Defense of Competition, as long as does not concern the unit of
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.
Key words: Competence tittles, exclusives, shared, execution, authorities,
independence, instruction and resolution, Law 15/2007. |
|---|