The statute of limitations in the antitrust sanctioning procedure in light of the amendments made to the General Administrative Procedure Act

Abstract

On December 21st 2016 the Legislative Decree No. 1272, a regulation that modified various provisions of the General Administrative Procedure Act, Law No. 27444 (LPAG), was published. One of them consisted in the modification of subsection 2 of Article II of the Preliminary Title, which had as a consequence that the conditions established in the LPAG were no longer supplementary, but mandatory. In particular, when a special rule establishes less favorable conditions for the administered. The purpose of this article is to determine the effects of the aforementioned modification to the statute of limitations applicable to sanctioning administrative procedures. Specifically, if the statute of limitations applicable to antitrust procedures has been modified.