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The purpose of this study is to bring to light the controversy and to settle the disputes arising from the TBA economic sense and the current Spanish competitive environment.

The main conclusion of the study is that the TBA’s current legal framework is mainly designed to prevent and punish anticompetitive behaviors in this kind of collaboration between companies. It would be needed an update that also considers the benefits brought by the TBA to the public contract enforcement.

A reform in the legal framework would allow the competition bodies to analyze the TBA benefits in the efficiency, innovation, security and solvency in the contract enforcement.