By Antonio Miño López –
Treuhand I and II expanded antitrust liability beyond its customary framework, to include the auxiliary firms deliberately and actively facilitating a cartel’s setting up and performance. Two Spanish Supreme Court ground-breaking rulings – SESCAM and Uva de Jerez – stretched out that doctrine to public entities acting as economic operators or regulatory bodies. This has opened the gate to fine contracting authorities for decisions or behavior that distort competition in public procurement. However, the Spanish Competition Authority’s latest Decisions are evasive and seem to recede even to pre-Treuhand times.