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It is common for operators whose claims under Article 26 of the Law are dismissed to subsequently request the filing of the special appeal. The appeal can be directed against any act, action, or administrative provision, as well as against inactivity or de facto actions contrary to the Law on Market Unity Guarantee.
Some of the appeals filed by the CNMC are accompanied by expert economic reports, aimed at analyzing the economic impact of the competition restrictions being challenged, sometimes including a quantification of the cost they entail for consumers and social welfare.
For this type of challenge, as well as for administrative acts and regulatory provisions with a rank lower than the law, expert economic reports are sometimes included. These reports analyze the economic impact of the competition restrictions being challenged, sometimes incorporating a quantification of the cost they represent for consumers and social welfare.
Who can file the appeal?
The CNMC has exclusive standing. The operator can intervene as the appealing party.
To whom is it submitted?
The Secretariat of the Council for Market Unity (Ministry of Economy and Competitiveness) is responsible for reviewing the claim.
Within fifteen days, the Secretariat will inform the applicant of the solution reached.
