Remarks on the Decision of the National Commission on Markets and Competition, of September 18, 2020, referred to the Framework Agreement for Stowage

Abstract

The National Commission on Markets and Competition (CNMC) exercises its control across all Spanish institutions, however, applying commercial concepts, which implies a mismatch that is clearly noted in the long-awaited and feared Resolution that is here discussed, where it qualifies as serious miscompliance the regulation in a ports collective agreement the workforce subrogation in companies that assume the proportional load of work when they leave the already derogated Plc of ports manpower management (SAGEP). Even when it tries to get closer to labor institutions, it nevertheless suffers from an excessively generic vision, where the peculiarities of Spanish law are not safeguarded. This implies a rigorous interpretation of both the CJEU judgment of December 2014, which considered some parts of the regulations on SAGEPs as contrary to the freedom of stablishment, as well as other CJEU judgments in which there is a broad consideration of the labor exceptions to the application of Competition Law, namely Albany judgement.