Procedure before the Galician Service for the Defence of Competence

Proceeding regarding prohibited agreements and practices are initiated through the GSDC, either at the request of an interested party or by its own initiative.

Accusation of prohibited practices is made publicly. and can be made by any person to the SGDC, which shall open an inquiry whenever rational evidence of any such conduct is evident.

The accusation shall be presented in the manner that is established in the regulations.

In the case of the GSDC not considering that there has been any infraction, it shall not be able to initiate proceedings, and the investigation shall be closed.

If, on the contrary, the GSDC resolves to initiate an investigation, this shall be remitted to the GCC, along with a report describing the behaviour observed, its background, its perpetrators, the effects produced on the market, the judgement merited by the events, and the responsibilities that correspond to their perpetrators.

Proceedings for authorising those agreements, decisions, recommendation and practices that are referred to in Article 3.1 of Law 6/2004, shall be initiated at the request of the interested party.

In the same manner as for disciplinary proceedings, it shall be the GSDC that intervenes in the proceedings in the first instance, except in the case of the renovation of a special authorisation.

The application for authorisation shall contain all those data that may be necessary into order to fully understand the nature and effects of the behaviour, and in particular, the identifying data of the parties involved, the object of the application, and information on those markets to be affected.

In accordance with Article 8.1 of Royal Decree 378/2003 (28 March), with which the Law for the Defence of Competition is developed on the matter of exemptions due to category, special authorisations and the registration of the defence of competition, the GDDC shall examine the application and remit the case to the Court ‘within a maximum period of 30 days subsequent to receipt in the form of an application’.