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- Title
Spain ∙ Exclusion of Bidders in Cases of Competition Infringements Pursuant to Spanish Legal Framework.
- Authors
Maíllo González-Orus, Jerónimo; Fornaris Valls, Ignacio
- Abstract
This document discusses the enforcement and oversight of competition law in Spain, focusing on the exclusion of bidders in cases of competition infringements. In Spain, competition rule violations can result in administrative, civil, or criminal penalties, with administrative and civil sanctions being more common. The National Competition Authority (CNMC) is responsible for enforcing competition rules, while regional competition authorities enforce Spanish competition laws. The document also examines the legal framework for bidder exclusion, including the power of the CNMC to determine the scope and duration of the exclusion. It raises concerns about the lack of legal authority for the CNMC to make these decisions and the potential violation of legal principles. The document concludes by discussing the potential effectiveness of self-cleaning programs as an alternative to bidder exclusion. Overall, the recent developments in bidder exclusion highlight legal ambiguities and operational inconsistencies that need further consideration and clarification.
- Subjects
SPAIN; CIVIL penalties; BIDDERS; ANTITRUST law; LEGAL authorities
- Publication
European Competition & Regulatory Law Review, 2023, Vol 7, Issue 4, p251
- ISSN
2510-3148
- Publication type
Article
- DOI
10.21552/core/2023/4/11