Desajustes entre la legislación laboral y el procedimiento administrativo sancionador en materia de derecho de la competencia: impacto en la calificación de los despidos

This paper analyses the lack of alignment between the deadlines established by labour legislation and the typical duration of sanctioning procedures in the field of competition law. It specifically examines how this misalignment affects the validity and timeliness of disciplinary dismissals based on anticompetitive behaviour that has not yet been firmly sanctioned by the Spanish National Commission on Markets and Competition (CNMC). The study highlights the tension between the legal requirement to act promptly and the need for sufficient and definitive evidence. It also explores the procedural consequences of this scenario, particularly regarding evidentiary limitations and the judicial assessment of the reasonableness of employer inaction. Finally, the paper proposes normative and procedural solutions to uphold legal certainty, effective judicial protection, and proportionality in the employer’s response to collusive conduct.