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I+D+i PROJECT ON THE FIGHT AGAINST HARD CARTELS IN SPAIN

The Royal University Institute for European Studies, through the Competition and Regulation Policy Centre , is currently developing an R&D&I Project entitled: Restrictive agreements on competition: the fight against hard core cartels in Spain. Prevention, arrest, evidence and sanction. 

This initiative, which will last three years, has the participation of the Ministry of Economy and Competitiveness and the National Competition Commission.

 

OBJECTIVES

The main objectives of this project are: 

  • Analyse and evaluate the regulations applicable in Spain concerning the fight against the so-called "hard core cartels"
  • Evaluate in particular the organisation, resources, powers and mechanisms foreseen for the fight against hard core cartels in Spain
  • Proposing and analysing, where appropriate, possible improvements that combine greater effectiveness with adequate respect for the rights of defence

The investigation will focus mainly on the Spanish case, paying special attention to the situation following the implementation of Law 15/2007 on the Defence of Competition (developed by the 2008 Regulation on the Defence of Competition) and the practice of the National Competition Commission, the main authority responsible for its application in Spain. An in-depth analysis will also be made of the European Union regulations and practice from which the Spanish system draws and which is also directly applicable in Spain.

Comparative law studies will be carried out (mainly, the United States, pioneer in many of the current mechanisms to fight cartels, and other European jurisdictions, which have designed novel instruments to fight cartels or with notable variations with respect to the Spanish case (for example, the reward programs or the 'criminalization' of the fight against cartels in the United Kingdom).

The proposed investigation is primarily legal (involving a multi-disciplinary team of competition law experts with basic training in EU law, administrative law, commercial law and criminal law) but incorporates aspects and economic experts that are essential for a proper assessment of the fight against cartels.

 

RESEARCHERS

You can consult the researchers' team in this link.

 

STRUCTURE

You can consult the structure of this project in this document