The subjective area of application of the Law of Defense of the Competition and the sentence of the Andalucia's regional in the cartel of the grape and of the must of Sherry: comment to the decision of the spanish national competition commission of 6 october 2011. Expedient s/0167/09

Abstract

The Decision of the Spanish National Competition Commission of 6 October 2011 convicts Andalucia's Regional Department of Agriculture and Fisheries for its involvement in the Jerez grapes and grape must's cartel. This administrative ruling is an erroneous extension of the personal scope of the competition rules contained both in the Spanish Competition Act and in the EU Functioning Treaty. The Department's conduct was reprehensible, but the Spanish Competition Commission is not legally entitled to sanction an irregular or diverted exercise of public powers that favors or promotes a cartel.