The Requirement of Sensibility in the Distortions of Competition in the Spanish Competition Act : Notes Regarding the Problematics Raised by the Supreme Court Judgment of 29 January 2008 (in Spanish)

The Supreme Court Judgment of 29 January 2008 was delivered in an appeal in the interest of law against a fine imposed by the Catalonian regional antitrust authority, which was annulled by an Administrative Judge. That judgment made relevant considerations concerning the need for sensitivity in the restrictions on free competition in all or part of the national market for the prohibitions to be applied. Those considerations and others regarding the geographical boundaries of the markets thereby defined are especially relevant in a decentralized system (judicial and administrative) for the enforcement of the Defence Competition Act and glimpse the risks that threaten an efficient an consistent functioning of the various enforcement responsible institutions