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What it is

One single agency now oversees competition and regulated markets

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 10 October 2012. Introduced by: Gobierno.

Official title: Government bill on the creation of the National Commission of Markets and Competition.

Source: Congreso de los Diputados, file 121/000028· updated 11 Nov

Automatic summary, not yet reviewed

  1. The National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia) is created as a public body independent from the Government. Its goal is to guarantee the proper working, transparency and effective competition in all markets, for the benefit of consumers and users.
  2. The Commission takes over the duties of the regulators that are dissolved: competition, energy, telecommunications, postal services, rail, airports and audiovisual media. Creating the new Commission means those bodies disappear.
  3. The Commission takes on all competition defense functions: policing conduct that restricts competition, reviewing business mergers and applying European Union competition rules. It also acts as an advisory body and can challenge public decisions that block competition.
  4. In regulated sectors (electronic communications, electricity and gas, postal services, audiovisual media, airport fees and rail) the Commission supervises markets, sets methodologies and fees where the law allows it, and resolves disputes between operators, with binding decisions within three months.
  5. The Commission's Council has ten members appointed by the Government through a Royal Decree, but Congress can veto the proposed candidate. Their term is six years with no reelection, and for two years after leaving office they cannot work in the regulated sectors.
  6. The Commission can inspect companies: enter premises, examine books and documents and seal them if needed. Entering a private home or sealing property requires the person's consent or a court authorization.
  7. Decisions by the President and the Council end the administrative process and can only be appealed before the administrative courts. The President must appear before Congress at least once a year, and the Commission must publish its reports, agreements and annual report.
  8. Some administrative tasks move to the Ministries: Industry takes on duties in energy and audiovisual matters, Public Works takes on postal matters, and the Directorate General for Gambling Regulation takes over the duties of the dissolved National Gambling Commission.

Who it affects

  • Consumers and users: They benefit from an agency that watches over competition and prices in electricity, gas, phone service, mail, transport and audiovisual media.
  • Companies in regulated sectors: They are supervised by the Commission, which can inspect them, impose obligations and fine them.
  • Telecommunications, energy and postal operators: They must pay the fees and public charges listed in the Annex, which fund the supervision.
  • Employees of the dissolved agencies: They join the new Commission or the General State Administration, keeping their rights.

Words worth knowing

Concentración económica (merger)
A merger or the purchase of one company by another. The Commission reviews these deals so they do not reduce competition.
Jurisdicción contencioso-administrativa
The courts that review decisions made by public administrations.
Potestad sancionadora
The power of a public authority to impose penalties when the law is broken.
Circular
A rule issued by the Commission to develop sector laws. It becomes binding on those affected once published in the official gazette (BOE).

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced10 October 2012Someone registers the text in the Congreso.
  2. Admitted16 October 2012The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments19 October 2012Groups propose changes.
  4. Committee12 December 2012A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate20 March 2013The Senate can pass it, amend it or veto it.
  7. BOE22 May 2013It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Oct 2012Nov 2012Dec 2012Jan 2013Feb 2013Mar 2013Apr 201311. 10 October 2012: Presentación22. 16 October 2012: Comisión de Economía y Competitividad Publicación desde 16/10/2012 hasta 19/10/201233. 16 October 2012: Calificación44. 19 October 2012: Comisión de Economía y Competitividad Enmiendas desde 19/10/2012 hasta 06/03/201355. 12 December 2012: Comisión de Economía y Competitividad Mesa - Calificación desde 12/12/2012 hasta 12/12/201266. 12 December 2012: Comisión de Economía y Competitividad Debate de totalidad desde 12/12/2012 hasta 20/12/201277. 6 March 2013: Comisión de Economía y Competitividad Informe desde 06/03/2013 hasta 14/03/201388. 14 March 2013: Comisión de Economía y Competitividad Aprobación con competencia legislativa plena desde 14/03/2013 hasta 20/03/201399. 20 March 2013: Senado desde 20/03/2013 hasta 22/05/20131010. 22 May 2013: Concluido - (Aprobado con modificaciones) desde 22/05/2013 hasta 25/06/2013

20 December 2012

How did the plenary vote?

More votes against 133 yes · 183 no · 5 abst.

Voted on: Request by the Socialist Parliamentary Group for the Plenary to take up the Government bill on the creation of the National Markets and Competition Commission.

This law had 4 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 67 of sitting 80· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, GC-CiU, GIP and GUPyD. Against, most of Popular en el Congreso. 6 deputies voted differently from their group.

By province: in 9 most voted in favour; in 39, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 9
  • Against: 39
  • Tie: 4
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
93 in favour · 5 abst. · 12 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
8 in favour · 1 against · 9 did not vote
GC-CiU16
12 in favour · 4 did not vote
GIP11
10 in favour · 1 did not vote
GUPyD5
5 in favour
Popular en el Congreso185
182 against · 3 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 3/2013, of June 4, creating the National Commission of Markets and Competition.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.