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What it is

How competition defense powers are split between the State and regions

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 22 June 2001. Introduced by: Gobierno.

Official title: Government bill for a Law on the coordination of the competences of the State and the Autonomous Communities in matters of competition defense.

Follow this law

Source: Congreso de los Diputados, file 121/000040· updated 11 Nov

Automatic summary, not yet reviewed

  1. The State handles conduct that harms free competition in a supra-regional area or in the whole national market, even if it happens within one autonomous community. The communities act when the conduct only affects their own area.
  2. If the State and the communities disagree over who should handle a case, they ask the Advisory Board on Conflicts for a report. If the disagreement continues, the Constitutional Court can be asked to decide.
  3. The Advisory Board on Conflicts is a balanced body that issues non-binding opinions. Its president is appointed by the Minister of Economy, serves a five-year term, and casts the deciding vote in a tie.
  4. The Competition Defense Service and the Competition Defense Court may sign cooperation agreements with the autonomous communities, and the procedures of Law 16/1989 also apply to regional bodies.
  5. It creates the Competition Defense Council, with representatives of the State and the communities, to coordinate how the law is applied. It also sets up mutual information sharing and allows the Service to take part in regional proceedings.
  6. References to the Competition Defense Court and Service in Law 16/1989 are understood as references to regional bodies when the conduct falls under their powers. Until the communities create their own bodies, the State keeps exercising their powers.

Who it affects

  • Companies and economic operators, who need to know whether the State or the regional government oversees their conduct.: Their practices may be reviewed by one set of bodies or the other depending on the area affected.
  • Competition defense bodies of the State and the autonomous communities: They must notify each other of complaints and actions and resolve jurisdictional conflicts as the law requires.
  • Consumers and users: Free competition is protected across the national market and within each community.

Words worth knowing

Ámbito supraautonómico
An area affecting more than one autonomous community, but not the whole national market.
Dictamen no vinculante
A non-binding opinion that public administrations do not have to follow.
Voto dirimente
The deciding vote cast when the members of a body are tied.
Autorización singular
A specific permission granted for a prohibited agreement in a particular case.

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. Introduced22 June 2001Someone registers the text in the Congreso.
  2. Admitted26 June 2001The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 June 2001Groups propose changes.
  4. Committee25 September 2001A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate7 November 2001The Senate can pass it, amend it or veto it.
  7. BOE6 February 2002It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Jun 2001Jul 2001Aug 2001Sept 2001Oct 2001Nov 2001Dec 2001Jan 200211. 22 June 2001: Presentación22. 26 June 2001: Comisión de Economía y Hacienda Publicación desde 26/06/2001 hasta 29/06/200133. 26 June 2001: Calificación44. 29 June 2001: Comisión de Economía y Hacienda Enmiendas desde 29/06/2001 hasta 06/11/200155. 25 September 2001: Comisión de Economía y Hacienda Mesa - Calificación desde 25/09/2001 hasta 25/09/200166. 25 September 2001: Comisión de Economía y Hacienda Debate de totalidad desde 25/09/2001 hasta 27/09/200177. 6 November 2001: Comisión de Economía y Hacienda Aprobación con competencia legislativa plena desde 06/11/2001 hasta 07/11/200188. 6 November 2001: Comisión de Economía y Hacienda Informe desde 06/11/2001 hasta 06/11/200199. 7 November 2001: Senado desde 07/11/2001 hasta 06/02/20021010. 6 February 2002: Concluido - (Aprobado con modificaciones) desde 06/02/2002 hasta 05/03/2002

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

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 1/2002, of February 21, on the Coordination of the Competences of the State and the Autonomous Communities in Matters of Competition Defense.

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.

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