CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - SPAIN - PROFESSIONAL ASSOCIATION - AGREEMENT BETWEEN UNDERTAKINGS - COLLECTIVE BARGAINING AGREEMENT

Spain: The Spanish competition authority (CNMC) imposes symbolic fines on an association of stevedoring companies and six trade unions for including provisions which have been considered restrictive of competition in a collective bargaining agreement organising the recruitment of stevedores (IV Framework Agreement for the Dock Work Sector or “IV Acuerdo para la regulación de las relaciones laborales en el sector de la estiba portuaria”) (Acuerdo Marco de la estiba)

Stevedoring services have had a special regime in Spain since 1986, when they were historically qualified as an essential state-owned public service. According to this regime, only those professionals who were employees of the public stevedoring company of each port (“Sociedades Estatales de Estiba y Desestiba”, SEED) could be hired for stevedoring services by the individual stevedoring companies active in the port. Subsequently, this legal regime was subject to important modifications, heading towards a progressive liberalisation of the stevedoring services. In 2003, with the approval of Law 48/2003 on the economic regime and the provision of services of the ports of general interest, stevedoring services ceased to be considered “essential state-owned public service” and were included

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Paloma Martínez-Lage Sobredo, Spain: The Spanish competition authority (CNMC) imposes symbolic fines on an association of stevedoring companies and six trade unions for including provisions which have been considered restrictive of competition in a collective bargaining agreement organising the recruitment of stevedores (IV Framework Agreement for the Dock Work Sector or “IV Acuerdo para la regulación de las relaciones laborales en el sector de la estiba portuaria”) (Acuerdo Marco de la estiba), 18 September 2020, Concurrences N° 4-2020, Art. N° 97167, pp. 251-252

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