Lights and Shadows in the Modernization of Spanish Merger Review

The Threshold: The Newsletter of the Mergers & Acquisitions Committee (ABA Antitrust Section), Vol. VIII, No. 3, pp. 25-30, Summer 2008

7 Pages Posted: 18 Mar 2009

Date Written: August 1, 2008

Abstract

Almost a year ago, and after substantial debate and a long legislative process, the reform of Spanish competition regulation was completed. The new Competition Act, which came into force on September 1, 2007, supersedes the previous Act of 1989 and significantly transforms the Spanish system for the defense of competition. The Competition Act has introduced major changes in the review of mergers and other business transactions that may lead to increased market concentration. With the aim of modernizing the merger review (MR) procedure, several features of the system have been modified and deserve comment. Major institutional overhauling through the creation of the National Competition Commission (NCC) will significantly impact all aspects of competition regulation in Spain, including MR.

Keywords: Antitrust, Competition Law, Competition Policy, Merger Review

JEL Classification: L40, L49, K21

Suggested Citation

Marcos, Francisco and Sanchez-Graells, Albert, Lights and Shadows in the Modernization of Spanish Merger Review (August 1, 2008). The Threshold: The Newsletter of the Mergers & Acquisitions Committee (ABA Antitrust Section), Vol. VIII, No. 3, pp. 25-30, Summer 2008, Available at SSRN: https://ssrn.com/abstract=1359612

Francisco Marcos (Contact Author)

IE Law School ( email )

Castellón de la Plana 8
Madrid, Madrid 28006
Spain

Albert Sanchez-Graells

University of Bristol Law School ( email )

Law School Wills Memorial Building Queen's Road Br
Bristol, BS8 1RJ
United Kingdom

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