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The Spanish decentralized competition enforcement system: When David met Goliath

Author

Listed:
  • Noemí Angulo Garzaro

    (Department of Security of the Basque Government)

  • Amaya Angulo Garzaro

    (Department of Tourism, Trader and Consumer of the Basque Government)

Abstract

When it comes to the enforcement of Competition law, the Spanish system is characterized by its decentralization, which entitled the transference of certain competences from the central government to regional governments. While the benefits of the referred decentralization are diverse, the existence of a multidivisional plurality of competition enforcers forces to resort to conflict management techniques in order to allocate the competent organization to hear over a particular competition law infringement. However, given the practice of the Junta consultiva en materia de conflictos de competencia, the different level playing field for the national competition authority and the regional competition authorities in relation with the system to solve disputes regarding the attribution of competences damages the decentralized enforcement system recognized in the Spanish Constitution.

Suggested Citation

  • Noemí Angulo Garzaro & Amaya Angulo Garzaro, 2019. "The Spanish decentralized competition enforcement system: When David met Goliath," EKONOMIAZ. Revista vasca de Economía, Gobierno Vasco / Eusko Jaurlaritza / Basque Government, vol. 95(01), pages 255-273.
    • Handle: RePEc:ekz:ekonoz:2019112
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    More about this item

    Keywords

    decentralization; competition law enforcement; regional competition authorities; attribution of competences;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • D18 - Microeconomics - - Household Behavior - - - Consumer Protection
    • L44 - Industrial Organization - - Antitrust Issues and Policies - - - Antitrust Policy and Public Enterprise, Nonprofit Institutions, and Professional Organizations

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