La legitimación activa en procesos correctivos y sancionatorios de libre competencia

The purpose of this paper is to analyze standing to sue in corrective and sanctioning proceedings before the Competition Tribunal. Its method has consist-ed of analyzing all domestic judgments on the subject, the history of the relevant legislation, and the most important secondary sources and case law in the United States and the European Union. It is concluded that standing to sue in this field is «ordinary» with respect to the community, represented by the National Economic Prosecutor, and «extraordinary» with respect to market agents. They bring actions in their own name for the protection of another’s interest (public) by virtue of an express legal authorization. This standing is not «popular» because it requires the injury of an interest as buyer or seller of the relevant market. They could litigate through a common representative or by creating a group or association that is the holder of a supra-individual interest, as long as it this is expressly recognised by statute.