The Administration as responsible for infringements against competition when acting as a public authority

Abstract

It is no longer new that the competition authorities can sanction public persons, including the Administrations, for infractions against competition. But up to now, that was only accepted as long as the Administrations acted as company. Some years ago, the National Competition Commission decided that it was also possible to punish the Administrations when, acting as public authorities, their actions restrict competition. He did it, also, considering that the Administration acted as "facilitator" of the infraction, figure in itself questionable. Now, the Courts have accepted that construction. In this paper, these resolutions and judgments and the debate generated by them are analysed together with the pros and cons of their ideas.