December 1997 / January 1998

Spain: Competition law reform

01 December 1997

Although details of the reforms are not yet available, the intention of the government is to introduce far-reaching changes to the Spanish competition law system. In principle, reform is welcome. Firstly, it will introduce a more independent and powerful competition authority by separating the current SDC from the Ministry of Economy and Finance. The new reforms will also align the domestic merger control system with the European trend of moving to compulsory regimes. While the TDC currently examines only two or three concentrations per year, the German or Italian authorities examine several hundred. Finally, the changes to the state aid rules (an area which traditionally has a very low rate of enforcement in Spain) will also be significant, allowing interested third parties to request the intervention of the competition authorities.