The conflicts of application of the Organic Administrative Code in the matter of Competition Law

Abstract

The entry into force of the Organic Administrative Code caused various interpretations regarding the applicability of its provisions in investigative and fining procedures before the Superintendence of Market Power Control. Several provisions of this regulatory body generated opportunities for some, and procedural risks for others, so its application was widely controversial until the State Attorney General settled the dispute through a ruling which determined that the competition authority should apply its own procedural rules, the application of the Organic Administrative Code being supplementary. This statement leaves new questions as to which aspects regulated by the Organic Administrative Code are applicable in a supplementary way to the Organic Law of Regulation and Control of Market Power, its regulations and the Instruction of Administrative Procedural Management of the Superintendence of Market Power Control, and which are not.

JEL CODE: D41, H5