Ejecución y cumplimiento de un marco normativo de libre competencia: influencias y opciones de diseño

[EN] What are the factors influencing the implementation and enforcement of a regulatory framework for competition? What are the main design options available? The work responds to these questions by developing various analytical models, which attempt to provide a comprehensive view that avoids the current piecemeal treatment and combines academic disciplines that go beyond the law. The thesis identifies various influences with different levels of generality. This is how it develops and emphasizes , first , the influence of the environment, which is based on the socio- economic setting habitat and individual interests. Secondly, the influence of specific institutional design and capacity competition is stressed. In analyzing this factor of influence options are discussed in relation to the position of the competition authorities in relation to the central government in relation to the judiciary in relation to sector regulators and in relation to the field of consumer protection. Also, options for organizational structure and the internal management of the agency are addressed competition. Third, the influence of the style of "enforcement" or the strategies adopted (collaboration , negotiation and sanction ) is developed. Indeed, it is argued that to enforce competition legislation a strategy that combines collaboration (persuasion and promotion) with the negotiation ( administrative arrangements and leniency ) and penalties , which represent softer or harder styles should be adopted enforcement of Do. Fourth, the influence of design explained in the drafting of rules and regulations or the time when they are expected to act. It finally presents an analytical framework that aims to take care of the following questions: when is a good regulatory system of free competition? What criteria the implementation and enforcement of competition laws should be evaluated? The analytical model distinguishes six criteria to weigh options level design institutions, instruments and certain legal procedure , and standards or rules. These criteria are: ( i ) the fidelity with the legislative mandate , ( ii ) the accountability (Control or accountability) , ( iii ) justice, transparency, accessibility and predictability of rules and procedures , ( iv ) technical knowledge or expertise, ( v ) efficiency , and ( vi) the effectiveness . The thesis argues, ultimately , that different styles or strategies should be applied in combination. Also, it is shown that there are multiple design options, both at the institutional level, as for strategies and standards, which have advantages and disadvantages. And finally, we show that the options reflect the assessment of different criteria of legitimacy or desirability , which may come into tension and generate disjunctive.

Author

• Romero Guzmán, Juan José

• Academic Dissertations
• Public Law
• Sociology of Law
• General Economy
• Tesis y disertaciones académicas
• Universidad de Salamanca (España)
• Sociología del derecho
• Economía general
• Derecho administrativo

Identifier

hdl:10366/123045

OAI identifier oai:identifier

oai:gredos.usal.es:10366/123045