This document discusses the advantages of decentralized enforcement of competition law. It argues that decentralized enforcement through multiple regional antitrust authorities can lead to more efficient application of competition systems than a single centralized authority. As an example, it examines Spain's system where 17 regions each have their own antitrust authority. Key benefits of the decentralized system include authorities having closer knowledge of local markets and sectors, ability to address smaller infringements, and greater promotion of a competition culture. However, risks like political influence must be minimized through sufficient agency structures and cooperation between authorities.
This presentation by Enrique VERGARA (President of the Competition Tribunal of Chile) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
This presentation by UNCTAD was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Sweden, was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by Jose Luis Buendía, Partner, Garrigues, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
This presentation by the Latvian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Spain (CNMC), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by Norway (NCA), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by the Georgian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Enrique VERGARA (President of the Competition Tribunal of Chile) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
This presentation by UNCTAD was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Sweden, was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by Jose Luis Buendía, Partner, Garrigues, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
This presentation by the Latvian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Spain (CNMC), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by Norway (NCA), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by the Georgian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the Austrian Competition Authority was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by CUTS’ SG Pradeep S Mehta was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the World Bank was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Johannes Erlandsson from the Swedish Competition Authority was made during the discussion “Safe harbours and legal presumptions in competition law” held at the 128th meeting of the OECD Competition Committee on 5 December 2017. More papers and presentations on the topic can be found out at oe.cd/21v.
This presentation by Competition Commission South Africa was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Chile Fiscalía Nacional Económica was made during the discussion on “Market study methodologies for competition authorities” held at the 125th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 20 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZX.
This presentation by Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
This presentation by Italy (AGCM), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation presents the key findings of a 12-month project in Romania which aimed at identifying competition-distorting rules and regulations in selected sectors.
Access the report at: oe.cd/1pj. Find out more about the project: http://www.oecd.org/daf/competition/romaniacompetitionassessment.htm
More about the Competition Assessment toolkit at www.oecd.org/competition/toolkit
This presentation summarises the results of an OECD project to promote competition and market studies in Latin America. The final report can be downloaded at http://www.oecd.org/daf/competition/competition-and-market-studies-in-latin-america-2015.htm
This presentation by Australia (ACCC), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Allan FELS AO (Professor, University of Melbourne, Monash & Oxford and former Chair of the Australian Competition and Consumer Commission) was made during the session on Competition in public markets held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/28n
This presentation by Miguel de la MANO, Executive Vice President of Compass Lexecon, was made during the discussion “Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis” held at the 64th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2017. More papers and presentations on the topic can be found out at oe.cd/284.
This presentation by Anna WU, Chief Executive, Chair, Competition Commission, Hong Kong, China was made during the discussion on "Promoting competition, protecting human rights" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/promoting-competition-protecting-human-rights.htm
This presentation by the OECD Competition Division was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
This presentation by Lynn ROBERTSON from the OECD Competition Division was made during the discussion on "The role of market studies as a tool to promote competition" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/the-role-of-market-studies-as-a-tool-to-promote-competition.htm
This presentation by Helen JENKINS, Managing Partner of OXERA was made during the discussion on “Market study methodologies for competition authorities” held at the 125th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 20 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZX.
This presentation by Sabine Zigelski (Senior Competition Expert, OECD) was delivered during the virtual launch of the publication “Fighting Rigging in the Energy Sector in Ukraine – A review of Public Procurement at Ukrenergo” held on 15 June 2021. The report, highlights brochure and other materials can be found at http://oe.cd/fbr-nrg-ukr.
This presentation summarises the findings of this 2016 OECD report on procurement rules and regulations in PEMEX (Mexico's state-owed petroleum company) and makes policy recommendations to promote competition and fight bid rigging in accordance with international best practices. The full report available in English and Spanish can be downloaded at oe.cd/fbrmex.
This presentation by the Norwegian Competition Authority was made during a workshop on “Regulation and competition in light of digitalisation” held by the OECD in Paris on 31 January 2018. More papers and presentations on the topic can be found out at oe.cd/wrcd.
This presentation by the Austrian Competition Authority was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by CUTS’ SG Pradeep S Mehta was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the World Bank was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Johannes Erlandsson from the Swedish Competition Authority was made during the discussion “Safe harbours and legal presumptions in competition law” held at the 128th meeting of the OECD Competition Committee on 5 December 2017. More papers and presentations on the topic can be found out at oe.cd/21v.
This presentation by Competition Commission South Africa was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Chile Fiscalía Nacional Económica was made during the discussion on “Market study methodologies for competition authorities” held at the 125th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 20 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZX.
This presentation by Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
This presentation by Italy (AGCM), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation presents the key findings of a 12-month project in Romania which aimed at identifying competition-distorting rules and regulations in selected sectors.
Access the report at: oe.cd/1pj. Find out more about the project: http://www.oecd.org/daf/competition/romaniacompetitionassessment.htm
More about the Competition Assessment toolkit at www.oecd.org/competition/toolkit
This presentation summarises the results of an OECD project to promote competition and market studies in Latin America. The final report can be downloaded at http://www.oecd.org/daf/competition/competition-and-market-studies-in-latin-america-2015.htm
This presentation by Australia (ACCC), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Allan FELS AO (Professor, University of Melbourne, Monash & Oxford and former Chair of the Australian Competition and Consumer Commission) was made during the session on Competition in public markets held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/28n
This presentation by Miguel de la MANO, Executive Vice President of Compass Lexecon, was made during the discussion “Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis” held at the 64th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2017. More papers and presentations on the topic can be found out at oe.cd/284.
This presentation by Anna WU, Chief Executive, Chair, Competition Commission, Hong Kong, China was made during the discussion on "Promoting competition, protecting human rights" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/promoting-competition-protecting-human-rights.htm
This presentation by the OECD Competition Division was made during a roundtable discussion on Public interest considerations in merger control held at the 123rd meeting of the Working Party No. 3 on Co-operation and Enforcement on 14 June 2014. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/public-interest-considerations-in-merger-control.htm
This presentation by Lynn ROBERTSON from the OECD Competition Division was made during the discussion on "The role of market studies as a tool to promote competition" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/the-role-of-market-studies-as-a-tool-to-promote-competition.htm
This presentation by Helen JENKINS, Managing Partner of OXERA was made during the discussion on “Market study methodologies for competition authorities” held at the 125th meeting of the OECD Working Party No. 3 on Co-operation and Enforcement on 20 June 2017. More papers and presentations on the topic can be found out at oe.cd/1ZX.
This presentation by Sabine Zigelski (Senior Competition Expert, OECD) was delivered during the virtual launch of the publication “Fighting Rigging in the Energy Sector in Ukraine – A review of Public Procurement at Ukrenergo” held on 15 June 2021. The report, highlights brochure and other materials can be found at http://oe.cd/fbr-nrg-ukr.
This presentation summarises the findings of this 2016 OECD report on procurement rules and regulations in PEMEX (Mexico's state-owed petroleum company) and makes policy recommendations to promote competition and fight bid rigging in accordance with international best practices. The full report available in English and Spanish can be downloaded at oe.cd/fbrmex.
This presentation by the Norwegian Competition Authority was made during a workshop on “Regulation and competition in light of digitalisation” held by the OECD in Paris on 31 January 2018. More papers and presentations on the topic can be found out at oe.cd/wrcd.
Speech by Karen Hill, Head of the SIGMA Programme, at the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
Disruptive innovations raise questions for competition law enforcement, for instance when considering mergers between disruptive innovators and incumbents, or exclusionary conduct by incumbents against innovators. Incumbents not only have an incentive to destroy an innovation by merger or exclusion, but might also inadvertently kill it through acquisition. This presentation on Competition and Disruptive Innovation was made by Antonio Gomes, Head of the OECD Competition Division was made at the 7th ASEAN Competition Conference held in Malaysia in 8-9 March - http://7thacc.com/.
Find out more about OECD work on competition law and policy http://www.oecd.org/daf/competition/
This presentation by Russell Damtoft (US FTC) was made during a roundtable discussion on Advocacy and Mainstreaming competition policy held at the 12th meeting of the OECD-IDB Latin American Competition Forum on 16-17 September 2014, Uruguay. Find out more at www.oecd.org/competition/latinamerica/
This presentation by Albania was made during the break-out Session 3, “Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses” in the discussion “Economic analysis and evidence in abuse cases” held at the 20th meeting of the OECD Global Forum on Competition on 7 December 2021. More papers and presentations on the topic can be found out at oe.cd/eac.
This presentation by Catalina Medel Lucas, Professor (University of Chile) was made during the discussion “Competition & Poverty” held for competition authorities officials on 28 September 2023. More materials on the topic can be found at https://www.oecd.org/competition/latinamerica.
This presentation was uploaded with the author’s consent.
This presentation by Thibaud Vergé, Professor at ENSAE, Researcher at CREST Paris and Senior Academic Consultant to Charles River Associates ; was made during the Workshop on market studies selection and prioritisation of sectors and industries held on 9 March 2017 at the OECD Headquarters. More papers and presentations on the topic can be found out at http://www.oecd.org/daf/competition/market-studies-workshop-on-selection-prioritisation-of-sectors-industries.htm
This presentation by the CNMC (Spanish Competition Authority) was made during a workshop on “Regulation and competition in light of digitalisation” held by the OECD in Paris on 31 January 2018. More papers and presentations on the topic can be found out at oe.cd/wrcd.
Presentation by Sean Ennis, Senior Economist, OECD Competition Division, at the II Competition and Regulation Forum: “Reaching for market efficiency” which took place in Mexico on 9-10 January 2018. Further information is available at www.oecd.org/gov/regulatory-policy/.
This presentation by Simeon Thornton, Director, UK Competition and Markets Authority, was made during the discussion “Line of business restrictions and competition concerns” held at the 69th meeting of the OECD Working Party No. 2 on Competition and Regulation on 8 June 2020. More papers and presentations on the topic can be found out at oe.cd/lobr
This presentation by Miguel de la Mano, Executive Vice President at Compass Lexicon, was made during the Workshop on market studies selection and prioritisation of sectors and industries held on 9 March 2017 at the OECD Headquarters. More papers and presentations on the topic can be found out at http://www.oecd.org/daf/competition/market-studies-workshop-on-selection-prioritisation-of-sectors-industries.htm
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. “Close” application of competition law: The
advantages of decentralized enforcement.
Maria Pilar Canedo
Basque Competition Authority
University of Deusto.
Trento
16th April 2015
2. My thesis:
Only a decentralized enforcement of
competition law can lead to a really efficient
application of the competition systems.
Therefore the cost of de-centralization is much
lower than the increase in benefit created by
the model.
3. How will I develop it
• Spain as case for analysis
• Pros of decentralization
– The biggest advantage
– Several examples of the Basque Antitrust
Authority
• Risks of decentralized systems.
– Ways to reduce them
• Conclusion
4. Spain
• It is an administratively decentralized system.
• There are 17 regions (two autonomous cities)
• Each region has a statute of autonomy and
capacity to legislate in certain matters. The
powers of enforcement are very developed.
– The constitution does not create the system of
decentralization in the whole country, the statutes
define each situation.
5. Antitrust powers
Decission of the Constitional Court 11th november 1999,
Cases 2009/1989 and 2027/1989 (Catalonia and Basque
Country).
• The Court recognized the power to enforce the national
rules but not to create new regulations based on the
competence on internal commerce.
• After this judgment Basque Country, Cataluña, Galicia,
Andalusia created their own antitrust authorities and after
this 10 others created their own.
• The structures are different and they have big differences in
efficiency based on different factors: social and economic
structure of the region, budget devoted to the agencies,
independency and technical skills of the councils.
6. Why is this system advisable?
• The agencies have closer knowledge of the leading economic
sectors of the region and are in a better position to look for
the most harmful infringements. (transport, pharmacies…)
• They can deal with infringements of smaller companies that
would fall out the scope of interest of a national authority
but that are very harmful for the society and reach more
citizens (school uniforms and materials, bakeries, funeral
undertakings, driving schools, professional bodies…).
• They can contribute in a much better position to the
promotion of the competition culture in the more efficient
way (universities, business, high school programs, …).
• There is a political positive effect of a report coming from the
region instead of coming from the central administration or
outside the country.
7. The biggest advantage of these
agencies
• Advocacy of competition
policy in relation with the
administration
–Public procurement
–Regulation
8. A. Public procurement
Classic bid rigging cases
• Problems created in the
design, enforcement
and control of the
public procurement
procedures
9. Different levels
- Municipal level
- Pinosolo: Sports facilities where the company that was advising the
administration in the creation and design of the procedure and the evaluation,
was proved to have an agreement with the winning company before the
opening of the procedure.
- Creation of clauses that restrict competition: sanitary disposals
- Incorrect use of in-house providing
- Provincial level.
Transport of persons in one of the provinces. The administration gives 51% to the
price (being this the only arithmetic criteria of calculation but the way of
calculation shows that the difference between the lowest and the highest price is
6.
- Regional level.
Basic and High school lunches. Begins with a bid rigging case that also shows that
the criteria included for finance and technical capacity are much higher than
those required to pay the service and the worry of problems in the enforcement
leads to decision in the public procurement process that closes and alters the
market.
10. B. Regulation
• Regional level
– Sports
– Limits to freedom in commerce
– Ports
• Provincial:
– Imposition of the provincial collective bargaining
agreement in public procurement in the province
• Municipal
– Taxi drivers limiting the number of hours of service “in
order to share the demand among the offerors”.
11. Of course there are risks
• Political or lobby control of the agencies.
• Is it the closer the easier??
• Lack of technical skills?
• Lack of independence?
• Lack of budget?
• Not uniform application?
• Parcelling of the market
• In-sufficient structure
12. How to minimize them:
- Convincing politicians and population of the cost of
non competition
- With sufficient structures with power for sanctioning
and advocacy
- With flexible and reasonable systems of cooperation
between agencies.
- With motivated, impartial and technically prepared
members of the panels
13. Efficiency in application would be easier with
authorities that are
- Close from the market,
- Close from the consumers,
- Close from the Administrations.