Showing papers by "Francisco Marcos published in 2012"
TL;DR: In this paper, the authors describe in all its complexity the ENDESA takeover contest (2005-2007) and present a unique example of the mixture of legal issues that may be involved in takeovers requiring competition and regulatory approval.
Abstract: Competition law and regulation had played a prominent role in theprocess of construction and liberalization of the internal energy market in the EU Several transactions in the last decade have shown the difficulties of the process and how Member States may occasionally make a political use of merger review rules and of regulation to benefit domestic firms This chapter describes in all its complexity the ENDESA takeover contest (2005-2007) This case is a unique example of the mixture of legal issues that may be involved in takeovers requiring competition and regulatory approval Several lessons can be learnt from the case, not only for the history of Spanish and European competition law (especially regarding merger review) Other relevant industrial policy, regulation and corporate law issues were also raised by this landmark case, though the case is mainly illustrative of how politics, at the end, may affect or shape the final outcome in some business transactions
4 citations
TL;DR: The recent decisions of several Spanish Autonomous Regions to suppress their competition agencies is a turning point in the process of decentralization of the administrative application of competition law in Spain this paper.
Abstract: La reciente decision de varias Comunidades Autonomas de suprimir sus autoridades de defensa de la competencia supone un evidente punto de inflexion en el proceso de descentralizacion de la aplicacion administrativa del derecho espanol de defensa de la competencia. Este articulo analiza criticamente las circunstancias que han conducido a esta decision y especula sobre el posible desarrollo de la defensa de la competencia autonomica en el futuro.The recent decisions of several Spanish Autonomous Regions to suppress their competition agencies is a turning point in the process of decentralization of the administrative application of competition law in Spain. This article critically examines the circumstances that have led to these decisions and speculates on the possible development of the regional enforcement of competition law in the future.
4 citations
TL;DR: The new EU initiative on collective redress as discussed by the authors reflects an evolution European Commission's position on private antitrust enforcement, which is respectful of the diversity and heterogeneity present in the regulation and specific development of these claims in different EU Member States.
Abstract: The new EU initiative on collective redress reflects an evolution European Commission's position on private antitrust enforcement. The current approach of the Commission has more modest goals than those set by the White Paper (2008) and the Draft proposal of Directive Directive on rules governing damages actions for infringements of Articles 81 and 82 of the Treaty (2009). It is respectful of the diversity and heterogeneity present in the regulation and specific development of these claims in different EU Member States. Although the European Commission has not explicitly said so, it seems the Commission have come to understand how this variety responds to different cultures and traditions and, in particular, to different degrees of evolution and maturity of the competition policy in the Member States. The institutional environment and socio-cultural context in which private actions for damages are to germinate is essential for their development and effectiveness. Lack of competition culture influences the development and evolution of antitrust enforcement in many EU Member States. There is not reason, in any case, to lose hope: it is only a matter of time for private legal claims of antitrust damages to flourish. Patience.
3 citations