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An Assessment of the Reform of the Spanish Competition Framework

The aim of this article is to provide an assessment of the main changes resulting from the new competition framework passed in Spain with Law 15/2007, thus abrogating the whole competition framework in force under Law 16/1989. In order to do that, the characteristics of the new and the old competition authority and the new and the old legal framework applying to restrictive practices, merger control, exemptions, and executions are confronted to the practices in the rest of the Organization for Economic Co-operation and Development (OECD) countries. The article concludes that significant improvements both in the independence of the competition authority and in the general efficiency of the legal framework have been achieved. However, in the case of the control of business concentrations, some constraints to the independence of the authority still apply.