This new Act, with effects in the region of Andalusia, follows the authorisation of the Spanish Constitution for the different Autonomous Communities to enforce, in their respective territories, the competition rules, provided they do not interfere in the State or the European Union regulations.
The objectives of this new regional Act could be summarised as follows:
- to better the competitive functioning of the markets,
- to reinforce the independence of the control bodies,
- the efficiency and efficacy of the competition mechanisms,
- to establish a system for the defence of the competition in Andalusia permitting the promotion and preservation of the competitiveness of the markets,
- to protect the consumers,
- to contribute to the freedom of undertakings, stability of prices and economic growing.
For these objectives, the new regional Act, although does not contain substantive dispositions on competition rules (this is a State competence for the whole country), it creates an administrative regional body for its enforcement: the Agency for the Defence of Competition in Andalusia. This body will operate in the territory of the region, within its legal competences and according to the general principles of cooperation and exchange of information. Its main tasks will be the promotion of competition by legal initiatives, the production of reports in this field and the collaboration with other institutions or administrative bodies.
The Act is in force since July 5th 2007.
Ignacio ALONSO IDI country expert for Spain
