There is some concern about the need to clarify the jurisdictional line dividing the powers of the industryspecific regulators from those of the national competition authorities.

To avoid the inconsistent application of competition laws and overlapping jurisdictions, the Spanish government has decided not to grant industry-specific regulators decision-making powers in relation to restrictive trade practices and merger control.

However, the CMT is empowered to adopt decisions which are binding on companies in areas adjacent to, and one might say overlapping with, competition law.

Whether the Spanish system works in practice will depend largely on the extent of cooperation, coordination and exchange of information between the newly-created industry specific regulators and the national competition authorities.

Francisco Cantos
Freshfields
Madrid