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Record W4410332529 · doi:10.1080/17441056.2025.2499317

Failing to deter: analysing Spain’s ineffective antitrust measures and cartelist activities

2025· article· en· W4410332529 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

fundA Canadian funder is recorded on the work.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueEuropean Competition Journal · 2025
Typearticle
Languageen
FieldEconomics, Econometrics and Finance
TopicMerger and Competition Analysis
Canadian institutionsnot available
FundersOntario Ministry of Research and Innovation
KeywordsBusinessCompetition (biology)Industrial organizationEconomics

Abstract

fetched live from OpenAlex

This paper critically examines the effectiveness of Spain’s antitrust measures in deterring cartel behaviour. Despite aligning with EU standards, Spain’s penalties for anticompetitive practices have proven ineffective. An analysis of sanctions imposed reveals that both the 2009 Communication and the post-2015 framework fail to deter cartel formation effectively. Evidence suggests that both the 2009 Communication and the post-2015 framework have failed to prevent cartel formation effectively. Corporate fines often do not exceed the expected benefits of collusion, undermining their deterrent function. While increasing fines might enhance effectiveness, such measures risk unintended consequences, including firm insolvency and reduced market competition. Therefore, implementing complementary sanctions could serve as a valuable addition. While Spain’s enforcement system already includes fines for individuals and bidder exclusion, these measures face significant challenges. The lack of detailed definitions and the absence of clear guidelines on the subjects considered liable make imposing these fines more difficult. Additionally, the bidder exclusion mechanism was not properly transposed into Spanish legislation, leading to its temporary suspension by the National High Court pending resolution of appeals.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.549
Threshold uncertainty score0.692

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.018
GPT teacher head0.222
Teacher spread0.204 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it