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Advocacy

Competition advocacy enhances and favours a competitive environment within economic sectors in Spain by means of outreaching, promotion, education and assessment. Advocacy is also intended to provide regulators and Public bodies in general with guidance and recommendations for better regulation and more competition-friendly public action.

Advocacy makes use of several tools, namely Reports on regulatory proposals, Active legitimacy to appeal administrative regulations and decisions, Market studies and sectorial reports and Guides and recommendations.

Reports on regulatory proposals evaluate the effects of legal or statutory regulations on markets. This evaluation is usually performed before regulations enter into force (ex ante control inReports on Regulation Proposals or IPNs), but occasionally evaluation is made on regulations already into force (Position Reports). In such reports, the CNC assesses and, in a case-by-case basis, proposes alternative regulation more consistent with competition. The CNC is also entitled to appeal certain acts and regulations made by Public bodies which are harmful for competition.

Market Studies and Sectorial Reports test the situation in terms of competition of a sector or an industry or, also, the effect of an anticompetitive situation which is common to different sectors. These reports take into account in the analysis the legal and economic framework of the sector involved as well as the undertakings’ economic behaviour. They have as their object the formulation of recommendations to Public bodies or to undertakings in order to enhance competition and efficiency to the benefit of consumers, including proposals to improve regulation or clarifications and even warnings addressed to undertakings and Public bodies in order to remove obstacles to competition.

Guides and recommendations have awareness, promotional and educational objectives; they are intended to make competition issues more accessible to competition ‘users’: Public bodies, undertakings and end consumers.

The CNC is entitled to collect data and information from private agents and Public bodies for competition advocacy purposes. Under Competition Act 15/2007, all natural or legal persons and Public bodies of any kind are subject to the duty of collaboration with the CNC to that end.