Un análisis de los mecanismos de protección de los operadores económicos establecidos por la Ley de garantía de la unidad de mercado
Series: Occasional Papers. 2609.
Author: Aitor Lacuesta, María Valkov and Micole de Vera
Non-financial corporations, businesses
- Legislation
- Productivity
- Spain
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Abstract
This paper examines the effectiveness of the protection mechanisms established by Spanish Law 20/2013 to ensure market unity, which allows economic operators to challenge regulations that may constitute unjustified barriers to competition. Using a quantitative analysis of over 1,000 claims filed between 2014 and 2024, the study shows that claims are mainly concentrated on specific activities, with recent growth in those related to renewable energy and telecommunications. The highest number of claims have been filed against local governments, and their share has increased over time. Regarding market type, no strong sectoral characteristics are found to be associated with the likelihood of a claim, beyond the presence of specialised legal representatives. At the company level, claims are submitted both by individuals and by large corporations that are relatively well positioned in terms of productivity within their sector and region. The proportion of claims that result in regulatory change is limited, especially in the case of those filed against local governments. In terms of sectoral productivity outcomes, a positive impact has only been observed in small sectors, with no significant aggregate effects.