Archive for October 13th, 2009
The Spanish Competition Authority declares a collective bargaining agreement contrary to EC and Spanish competition law
The CNC (Spanish Competition Authority) recently adopted a decision sanctioning a stevedoring trade association (over 900.000 euros) and several labor unions (with fines ranging from 3.000 to 168.000 euros) for having concluded a collective bargaining agreement contrary to Articles 81 EC and 1 LDC (Spanish Competition Law).
In my previous life, I represented one of the parties found guilty of infringement. I therefore believe it is inappropriate for me to write anything infuriated on this decision. Yet, a number of purely objective thoughts spring to mind: if, arguably, this decision departs from the ECJ’s ruling in Albany, it may actually provide a vivid illustration of the flaws of Regulation 1/2003, in so far that it seeks – through various mechanisms – to ensure uniformity in the enforcement of EC competition law. If, on the contrary, the CNC did get this right, the question arises whether one should expect other National Competition Authorities to start scrutinizing collective bargaining arrangements.
The decision (in Spanish) can be found here
Nobel Prize in Economics for Oliver Williamson
On top of his work refining the Coase “make it or buy it” theorem, Oliver E. Williamson, is also the author of two absolute must reads for all antitrust lawyers:
- “Economies as an Antitrust Defense: The Welfare Tradeoffs.” 58 American Economic Review. 1, 18-36 (1968).
- Market and Hierarchies: Analysis and antitrust Implications, New York, Free Press, 1975
Market and Hierarchies: Analysis and antitrust Implications, New York, Free PMarket and Hierarchies: Analysis and Antitrust Implications, New York, Free Press, 1975.
Chillin'Competition 