contestable markets
Competition and economic power
Competition protects the real possibility of contesting markets and prevents capture through fraud, cartels, abuse of dominant position or concentration that threatens competition and democratic equality.
Arts. 134, 144 and 149Future authority depends on lawRemedies require due process
Competition is not about punishing a large company
The constitutional proposal requires prevention of regulatory capture, abuse of economic power and concentration where verifiable evidence shows a material threat to competition, political pluralism, institutional independence or democratic equality. Size, wealth or criticism of the Government are not unlawful in themselves.
Anticompetitive coordination
Future law must translate constitutional principles into sufficiently clear offences, standards and procedures.
Power is not automatically an infringement
A position may be relevant, but intervention must be tied to legally demonstrable abuse, risk or effect.
Structure matters
Control, beneficial ownership and dependencies may be analysed according to substance where necessary.
Least restrictive sufficient measure
Divestiture, corporate separation or limits on control require prior law, an adversarial process, necessity, proportionality, protection of third parties and judicial review.
Democratic limit: investment, tax payments or assets do not buy an additional vote, public office, political veto or public authority.