Angel Givaja Sanz

Garrigues
Lawyer (Associate)

Member of the EU and Competition Law Department of the law firm Garrigues, he has been based in the Brussels office since September 2002. He has extensively represented clients before the European Commission and the European Courts. In addition, he lectures on courses concerning EU law in Spain and he has written several articles in specialist publications such as World Competition and Gaceta Jurídica de la Unión Europea. Angel graduated in law, specializing in EU Law, from the University San Pablo CEU of Madrid in June 2000. He subsequently obtained the Diploma in Legal, Economic and Political Studies of the European Union from the Panthéon-Sorbonne University in Paris. He also pursued postgraduate studies at the College of Europe in Bruges (Belgium), obtaining the Degree in Advanced European Legal Studies.

Linked author

European Court of Justice (Luxembourg)

Articles

101243 Bulletin

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authority issues a report on the agri-food sector and considers conditions for a more lenient policy (2010 - Informe sobre competencia y sector agroalimentario)

732

Both the European Commission and national competition authorities have been traditionally cautious on the application of Article 101 TFEU to undertakings in the agricultural sector. It was due to the specificity of this sector that Council Regulation 26/62 established certain exceptions to the (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Supreme Court passes an important judgment concerning the violation of the right to rely on all relevant evidence in an antitrust case (SOS Cuetara)

801

Introduction On 10 December 2009, the Spanish Supreme Court (Tribunal Supremo) passed an important judgment concerning the limits of the notion of due process under Spanish law. In particular, the Supreme Court shed some light on the consequences of the violation of the right to rely on all (...)

Aitor Montesa Lloreda, Angel Givaja Sanz A Spanish Court reduces the fine imposed on a savings bank for lack of assessment on the anticompetitive effects caused by the exchange of information and other restrictions by effect (Bilbao Bizkaia Kutxa)

760

In its judgment of December 10, 2009 on the appeal brought by Bilbao Bizkaia Kutxa (“BBK”) against the Decision of the Spanish National Competition Authority (hereinafter CNC) of October 18, 2007 in the Basque and Navarre Savings Banks,case, the “Audiencia Nacional” has halved the fine imposed by (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish competition authority imposes the highest fine ever on several insurance companies (Asefa, Mapfre, Caser, Munich Re, Swiss Re and Scor)

1685

On 12 November 2009, the Spanish competition authority (Comisión Nacional de la Competencia, hereinafter the "CNC") imposed a total fine of €121 million on three Spanish insurance companies (Asefa, Mapfre and Caser) and some of the leading global reinsurers, (Munich Re, Swiss Re and Scor) for a (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Supreme Court firmly protects price competition in the liberal professions and gives a controversial view on the interaction between EC and national competition Law (Ricardo)

2155

Introduction On 4 November 2008, the Spanish Tribunal Supremo (Supreme Court) handed down a landmark ruling in case 5837/2005, Ricardo v. Consejo General de la Abogacía. This case looks set to be a cornerstone of Spanish competition law for years to come. The judgment was delivered by the (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authority launches dawn-raids giving rise to controversy over defense rights (Colgate Palmolive España, L’Oreal, Stanpa)

2073

The entry into force of the new Spanish leniency program has significantly stepped up cartel investigations undertaken by the Spanish Competition Authority (hereinafter “CNC”). Under the new regulatory framework enacted by the Spanish Competition Act in July 2007, the CNC has initiated 48 (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authority declares that five pharmaceutical companies are not coordinating their distribution systems in Spain (Laboratorios Farmacéuticos)

5722

During the last two years, a number of important pharmaceutical manufacturers active in the Spanish market have introduced significant changes in their distribution systems. Under the new terms of these systems, the pharmaceutical companies select a reduced number of wholesalers to work with, (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authorities approves recommendations for the Spanish public authorities in relation to the competition rules and informs of some of its priorities for the future

1841

Summer months have been particularly quiet in Spain in terms of private and public antitrust enforcement. With extra time to reflect, the brand new unified Spanish Competition Authority (Comisión Nacional de Competencia, hereinafter “CNC”) has decided to use its powers under Article 26 of the (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Government presents a proposal for an implementing regulation of the Spanish leniency program and makes it subject to public consultation

3730

Spanish legal community has pleaded, at least since 2000, for the implementation of a comprehensive Spanish leniency program. The existence of such instrument has been regarded as a condition for a proper coordination between the Commission’s activity and that of the Spanish antitrust (...)

Aitor Montesa Lloreda, Angel Givaja Sanz A Spanish Court holds that it is not bound by an EC Commission decision under Art. 9 of EC Reg. 1/2003 (Carburantes Costa de la Luz v Repsol)

6812

Article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 January 2003, pp. 1-25) (“Article 9”) is one of the major new features of the new EC competition rules adopted in May (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Supreme Court declares that the “atypical agency agreements” between oil companies and Spanish petrol stations come within the scope of Art. 81.1 EC and national mirror provision, after having requested ECJ preliminary ruling (CEEES /CEPSA)

6233

On 4 May 1995, the Spanish Confederation of Service Station Businesses (“CEEES” in its Spanish initials) filed a complaint with the Servicio de Defensa de la Competencia (Lowest branch of the Spanish competition authority), against certain oil companies, including CEPSA. The CEEES complained that (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authority enhances the procedural rights of the defendants in national antitrust procedures (Banco Santander/Cheques comida)

5257

Competition Authority (Tribunal de Defensa de la Competencia), 15 March 2007, Banco Santander/Cheques comida, Case r 700/2006 v On March 15th, 2007 the Tribunal de Defensa de la Competencia (TDC, highest branch of the Spanish antitrust authority) has concluded that defendants in national (...)

Aitor Montesa Lloreda, Angel Givaja Sanz A Spanish Appeal Court removes the bid’s suspension on the basis that the agreement does not potentially infringe Art. 81.1 EC (Gas Natural/Iberdrola/Endesa)

4314

The "e-Competitions" bulletin has reported on a number of occasions on the aftermath of the takeover bid announced on 5 September 2005 by Gas Natural, the most important Spanish gas provider, for Endesa, Spain’s biggest utility . The present case is just another step in this complex saga, but an (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Tribunal fines a major electricity distribution company for offering services to clients in a liberalised market on the basis of information obtained from a monopolised market (Endesa/Anisem)

3975

Spanish dominant utilities and, more generally, incumbents have reasons to fear the aftermath of a relatively unnoticed decision of 14 December 2006 (Expt. 606/05) of the highest branch of the Spanish National Competition Authority (Tribunal de Defensa de la Competencia, hereinafter “TDC”) in (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authority fines four large supermarket chains for concerted practices in their relationships with their beverages providers (FIAB/Alcampo)

5753

In a decision dated 22 May 2006 (“the Decision”), the Spanish Competition Authority (Tribunal de Defensa de la Competencia, hereinafter “TDC”) has found that four large supermarket chains, namely, Alcampo, Carrefour, El Corte Inglés and Mercadona, had infringed Article 1 (1) of the Spanish (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Tribunal fines € 5, 7 M the major film distributors for coordinating their commercial policy (Distribuidores Cine)

2772

On May 10, 2006, the film distributors Walt Disney/Buenavista, Sony/Columbia, Fox, United International Pictures and Warner Sogefilms (hereinafter “the majors”) were each fined €2.4 million by the Spanish Competition Tribunal (Tribunal de Defensa de la Competencia, “TDC”). The TDC ruled that (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish competition authorities conditionally clear a major merger in the energy sector raising substantial EC and national procedural issues (ENDESA/Gas Natural)

7520

On 12 September 2005, GAS NATURAL (“GN”), the incumbent natural gas utility in Spain, notified the Spanish competition authorities of its takeover bid for the entire share of ENDESA, Spain’s main electricity utility . The merger would therefore bring together the nation’s largest natural gas (...)

Aitor Montesa Lloreda, Angel Givaja Sanz A Spanish Court rules on private actions for damages derived from antitrust law infringements in the subscriber directory inquiries market (Conduit / Telefónica - Antena 3 / Spanish Football League)

4537

Ever since the early seventies, the ECJ made it clear that European competition rules produce direct effects in relations between individuals and create subjective rights that have to be safeguarded by the national courts . This reasoning permitted the CFI to admit that the Commission is (...)

Aitor Montesa Lloreda, Angel Givaja Sanz A Spanish Court of Appeal orders for the first time ever compensation of damages suffered as a result of antitrust violation (Hidroeléctrica de l’Empordá)

2455

The Spanish antitrust system is too dependent on administrative enforcement and has not managed to create a true tradition of private antitrust litigation. One reason for this failure might be a cultural one. Spanish companies litigate less that, for instance, US companies. This might be due to (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The Spanish Competition Authority states that the “atypical agency agreements” between oil companies and petrol stations come within the scope of Art. 81.1 EC and national mirror provision (CEPSA)

4836

It is rare that the eight members of the Tribunal de Defensa de la Competencia (highest branch of the Spanish Competition Authority) express four different views on one single case. However, that happened in the 2001 CEPSA case (TDC’s decision of 30 may 2001 in case 493/00). One of those views (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The former Spanish second-tier Competition Authority rules that a non-compete clause of unlimited duration did not infringe either EC nor national competition provisions on the basis of a "de minimis" yet unwritten rule (Hardi International)

3375

In a Decision dated March 27th, 2000, the former Spanish second-tier Competition Authority (“Tribunal de Defensa de la Competencia”, hereinafter, the “TDC”) ruled that a non-compete clause ancillary to a merger of unlimited duration did not infringe either Article 81 EC or Article 1 of the Spanish (...)

Aitor Montesa Lloreda, Angel Givaja Sanz The former Spanish second-tier Competition Authority rules that an agreement between two savings banks to coordinate the closing of their offices in several small villages was covered by the former “de minimis” exemption (Cajas Rurales Jalón y Zaragoza)

3690

In a Decision dated November 15, 1999, the former Spanish second-tier Competition Authority (“Tribunal de Defensa de la Competencia”, hereinafter, the “TDC”) ruled that an agreement between two savings banks to coordinate the closing of their offices in several small villages was subject to an (...)

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