Descripción del trámite
This procedure can be used to report to the CNMC conduct prohibited by Ley 15/2007, de 3 de julio, de Defensa de la Competencia (LDC) (in particular, in articles 1, 2 and 3 of the Law), as well as to report conduct prohibited by articles 101 and 102 of the Treaty on the Functioning of the European Union (the Treaty) (formerly Articles 81 and 82 of the Treaty Establishing the European Community).
Complaints may be filed regarding:
- Collusive behaviour (Article 1 LDC and/or 101 of the Treaty)
- Abuse of dominant position (Article 2 LDC and/or 102 of the Treaty)
- Distortion of free competition by unfair acts when they affect the public interest (Article 3 LDC)
When complaints are filed with the CNMC for conduct prohibited by articles 101 or 102 of the Treaty, it must be proven that the reported behaviour has an effect on intra-community trade.
When complaints are filed with the CNMC for conduct prohibited by articles 1, 2 or 3 LDC, it must be decided if the conduct is prosecutable by the CNMC pursuant to the criteria laid out in Ley 1/2002, de 21 de febrero, de Coordinación de las competencias del Estado y las Comunidades Autónomas en materia de Defensa de la Competencia, or if, on the contrary, they should be prosecuted by an Autonomous Community with competence in the matter.
This procedure is used to file the initial complaint. To submit documentation for an already initiated procedure, to send other documents to the CNMC or to provide information required by the CNMC, the procedure for submitting requests, documents and communications, also available at the Electronic Office of the CNMC, shall be used.
Actions involving acts of unfair competition that do not affect the public interest must be undertaken with the competent courts, pursuant to the provisions of Ley 3/1991, de 10 de enero, de Competencia Desleal.
The screen to fill out the complaint form contains three sections:
- Identification of the complainant: Used to enter the data on the person signing the complaint, as well as on the company or entity represented and, where appropriate, the data on its legal representative.
- Purpose of the complaint: Used to enter the data on the companies, entities or persons reported and a summary of the reported facts.
- Attached documentation: Used to attach documentation related to the complaint through computer files, to include both confidential and non-confidential versions, as appropriate (see explanation below).
The content of the fields to be filled in is as follows:
- Identification of the complainant
- On one's own behalf: Choose this option only when the person who signs the complaint is acting on his own behalf.
- On behalf of a person or entity: Choose this option when the person signing the complaint is acting on behalf of a company, entity or another person.
- Complainant: Data on the person who will sign the complaint. The name and NIF/CIF data will be obtained automatically from the electronic certificate used by the person who electronically signs the complaint.
- Data on the entity or person represented: To be completed only if the option "On behalf of a person or entity" is selected.
- The "As the" section will specify the relationship between the person signing the complaint and the party represented. By way of example, when the complaint is signed by an administrator or employee at a company, the position within the company must be specified. When the complaint is signed by a lawyer external to the company, this relationship will also be indicated.
- At least the data required to identify the company, entity or individual represented must be provided.
- Powers of representation: Whenever a complaint is submitted on behalf of a company, entity or person, a file with the digitised copy of the power of representation must be attached. If said document has already been provided to the CNMC, a computer file will be attached stating this circumstance and also identifying the date and the specific case or procedure for which said power was provided.
- Legal Representative
- When the complainant wishes to designate a legal representative for the purpose of processing the complaint, the representative's information will be provided in this section.
- The CNMC will direct all communications involving the procedure to the person that is identified in this section. If no legal representative is designated, notifications involving the procedure will be addressed to the person who signed the complaint, whose information is shown in the Complainant section.
- Powers of representation: Whenever a legal representative is designated, a file with a digitised copy of the power of representation must be attached. If said document has already been provided to the CNMC, a computer file will be attached stating this circumstance and also identifying the date and the specific case or procedure for which said power was provided.
- It will not be necessary to complete this section if the designated legal representative is the person signing the complaint.
- This section can be completed whether the complaint is filed on one's own behalf, or if it is filed on behalf of a company, entity or person.
- Purpose of the complaint: Data on the companies, entities or persons reported, as well as a summary of the facts reported.
- Respondents: Information will be provided on the company, entity or person reported. There may be one or more respondents.
- Facts that indicate the presence of an infraction: Provide a summary of the reported conduct and the affected markets. The complete and detailed information on the conduct and the markets will be collected in a file together with the documentation accompanying the complaint.
- Justification of legitimate interests: The legitimate interests of the complainant may be summarised in order to be granted standing in any potential disciplinary proceedings that may arise from the complaint filed. If it is necessary to provide detailed information, include it in a file together with the documentation accompanying the complaint.
- Attached documentation
- Any necessary information will be attached to the complaint form by way of one or more computer files (See next section)
- To facilitate the CNMC's processing of the information, please observe the following general criteria:
- Send files in commonly used formats
- Identify the attached files with self-explanatory names, using, where appropriate, the terms "confidential" or "non-confidential" as they apply to the document in question.
An applicant providing documents containing confidential data or information may request that said information be treated confidentially if justified. To do this, the applicant must provide a justified request for confidentiality, as well as the confidential and non-confidential versions of each affected document (Articles 42 and 43 LDC, Article 20 RDC).
The information to be provided with a complaint is detailed in Annex I of the Reglamento de Defensa de la Competencia (RDC), approved by Real Decreto 261/2008, de 22 de febrero. Before signing and sending the complaint, be sure to read the content of said Annex I of the RDC and that you have included all the required information.
By way of summary, the main sections to be completed are:
- Identification of the parties
- Subject of the complaint
- Market data
- Existence of legitimate interest
- Actions taken
- Additional information
- Ley 15/2007, de 3 de julio, de Defensa de la Competencia (LDC)
- Real Decreto 261/2008, de 22 de febrero, por el que se aprueba el Reglamento de Defensa de la Competencia (RDC)
- Ley 1/2002, de 21 de febrero, de Coordinación de las competencias del Estado y las Comunidades Autónomas en materia de Defensa de la Competencia
- Reglamento (CE) nº 1/2003 del Consejo, de 16 de diciembre de 2002, relativo a la aplicación de las normas sobre competencia previstas en los artículos 81 y 82 del Tratado
- Ley 3/1991, de 10 de enero, de Competencia Desleal
A digital certificate for a natural or legal person or representative that has been issued by any provider of certification services that has made the required notification to the Ministerio de Energía, Turismo y Agenda Digital, pursuant to Article 30 Ley 59/2003, de 19 de diciembre, de firma electrónica, and by the DNI-e, issued by the Dirección General de la Policía.
Consult the providers of online certification services (Ministerio de Energía, Turismo y Agenda Digital)
Links of interest
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