Responsabilidad de la empresa o asociación por las conductas anticompetitivas realizadas por los socios. Comentario al caso Transporte Horizontal en el Puerto de Bilbao

Abstract

The purpose of this paper is to comment on the erroneous interpretation of the collusion prohibition made by the High Court of Justice of the Basque Country in the Port of Bilbao case. In particular, in relation to the concepts of collective decision or recommendation and concerted practice. An interpretation that, clearly, separates from the consolidated doctrine of the Court of Justice of the European Union and the Spanish Supreme Court. Which have affirmed the full submission of all economic operators associations to the Law of Competition. As well as the concept of undertaking, that must be understood as a single economic unit, composed of all persons and entities subject to the same source of control or decision. In this sense, the imputation of cooperative partners» anti-competitive behaviour to the cooperative, established by the Supreme Court, constitutes an example or manifestation of this concept of undertaking