Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The prohibition in Section 1 of the Act is similar to the one established in Article 101 TFEU. It includes a general prohibition, followed by a non-exhaustive list of conduct deemed anticompetitive.
  Section 1 of the Spanish Act prohibits agreements, collective decisions, recommendations and concerted practices, which have as their object or effect the restriction of competition in all or part of …

The prohibition

The prohibition in Section 1 of the Act is similar to the one established in Article 101 TFEU. It includes a general prohibition, followed by a non-exhaustive list of conduct deemed anticompetitive.

  Section 1 of the Spanish Act prohibits agreements, collective decisions, recommendations and concerted practices, which have as their object or effect the restriction of competition in all or part of Spain. One difference with Article 101 TFEU is the inclusion of a prohibition on consciously parallel practices.

  Under Section 4, agreements, decisions, recommendations and practices that result from the application of the law are not covered by the prohibition in Section 1. Thus, such practices are not prohibited even when they may restrict competition. Acts of public authorities or public undertakings are not excluded, however, unless such acts are the result of the application of law. Furthermore, EU law may be applicable to such agreements or practices.

  Section 5 provides that competition authorities shall not apply the Act to agreements that are of minor importance. The criteria for demarcating conduct of minor importance, which are very close to the European Commission's criteria, are laid down in Sections 1 through 3 of the Defense of Competition Regulation.

  Finally, under Section 6, duplicating the wording of Article 10 of EU Regulation No 1/2003, the NMCC acting ex officio may find, when the public interest so requires, that Section 1 is not applicable to an agreement or practice either because the conditions of the prohibition are not fulfilled, or because the conditions of the individual exemption are satisfied.

An agreement or practice must satisfy the test provided in Section 1,3 in order to qualify for an exemption. An agreement or practice may be exempt if it contributes to improving the production or marketing of goods or services, or to promoting technical or economic progress, so long as it allows consumers a fair share of its benefits, only imposes restrictions that are indispensable to achievement of the objective and does not eliminate competition in a substantial part of the market. Following the decentralized system of application of competition set up by Regulation No 1/2003, Act No 15/2007 replaces the former system of the notification of prohibited agreements (Section 4 of Act No 16/1989), by a system of legal exception and self-assessment by undertakings of their agreements.

Under Section 1, 5, the Government may promulgate regulations authorizing categories of conduct that satisfy the provisions of 3 of the Section.

Furthermore, Section 1,4 specifies that the prohibitions in Section 1 do not apply to agreements or practices that comply with the provisions of EU Block Exemption Regulations, even where the corresponding conduct may not affect trade between Member States.

Global Competition Law

682. The prohibition

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Les notions juridiques connexes

682. The prohibition

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Les notions juridiques connexes

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