Procedural Safeguards Before the Competition Council

Abstract

The Competition Council is an independent administrative authority with exclusive jurisdiction to adjudicate and address anti-competitive practices in all their forms; however, proceedings before this body are quasi-judicial in nature and serve as safeguards for litigation before this authority, which is characterized by strict adherence to the rule of law. This is evident in the Competition Council’s obligation to respect the principle of adversarial proceedings, respect for the rights of the defense, and the obligation to inform the parties and provide them with the case file so they may submit observations. This is stipulated in the Competition Council’s internal regulations, which govern the conduct of proceedings before it, even though the composition of the Competition Council has moved away from absolute judicial representation. given the specific nature of these disputes, which are predominantly economic rather than legal in character. Nevertheless, the procedures before this body remain similar to those followed before the courts.