The draft bill on competition law is being revisited by the government. It appears that the government is backtracking on its initial proposals. The new proposals, which would maintain the TDC’s current independent status, are more in line with the trend at EU level to reinforce the independence of the competition authorities.

On merger control, there exists a general consensus that changing the current voluntary regime to a compulsory one is a change for the better. However, maintaining the market share threshold as a test for jurisdiction, even if accompanied by guidelines on market definition, will create legal uncertainty among the business community. Other aspects of the proposed reform are welcome and necessary.

Francisco Cantos
Freshfields
Madrid