Pablo Ibáñez Colomo

London School of Economics
Associate Professor

Pablo Ibáñez Colomo is an associate professor of Law at the London School of Economics. He received received a Ph.D. from the European University Institute in June 2010 (Jacques Lassier Prize). Before joining the EUI as a Researcher in 2007, he taught for three years at the Law Department of the College of Europe (Bruges), where he also took an LL.M. in 2004. In 2008, Pablo spent six months as a TTLF fellow at Stanford Law School. He has been invited as a guest lecturer at several institutions.

Linked authors

University Paris II Panthéon‑Assas
European Commission - DG MOVE
Ministère des Affaires étrangères et du Développement international, Paris
Bonelli Erede Pappalardo (Brussels)
Ghent University
Garrigues (Brussels)
The Graduate Institute for International and Development Studies (Geneva)
Arnold & Porter (Brussels)

Articles

276399 Bulletin

Pablo Ibáñez Colomo The Spanish Competition Authority fines a bowling association € 8 000 for abuse against independent bowling clubs concerning audiovisual rights (Emisión de Partidos de Bolos)

3606

The Spanish Bowling Association (hereinafter, the “FEB”) is a non-profit association in charge of the organisation and the regulation of bowling tournaments in Spain. Participation in the different tournaments organised by the FEB requires a licence delivered by this association. Bowling can be (...)

Pablo Ibáñez Colomo The Italian competition authority closes proceedings for alleged breach of Art. 82 EC following commitments made by the undertaking on the audiovisual rights market (Mediaset - Diritti Calcistici II)

5741

Background and procedure The present case note concerns the follow-up of a decision to open proceedings adopted by the Italian NCA in March 2005 that was commented in a previous issue of e-Competitions (P. Ibañez Colomo, “ The Italian competition authority opens proceedings against Reti (...)

Pablo Ibáñez Colomo The Italian Competition Authority fines the main suppliers of jet fuel in the Italian market for anticompetitive practices (Rifornimenti Aeroportuali)

3975

On 9 April 2004, a complaint concerning alleged anticompetitive practices on the market for the supply and storage of jet fuel was lodged before the Autorità Garante della Concorrenza e del Mercato (hereinafter, the “NCA”). According to the complaint, major oil companies controlled the storage and (...)

Pablo Ibáñez Colomo The Portuguese Competition Authority fines € 250,000 the Portuguese Professional Association of Doctors for an infringement of both Art. 81 EC and its national equivalent (Ordem dos Médicos)

5354

The Autoridade da Concorrência (hereinafter, “the NCA”) opened proceedings against the Professional Association of Doctors after taking the view that some of its professional rules were implemented so as to impose in practice maximum and minimum fees to its members. More precisely, Article 81 of (...)

Pablo Ibáñez Colomo The Spanish Tribunal de Defensa de la Competencia fines the main food retailers € 75,000 for imposing uniform trading conditions on their suppliers of alcoholic beverages (FIAB)

2611

The Federación Española de Industrias de la Alimentación y Bebidas (hereinafter, “FIAB”) is an association of Spanish food and drinks producers. On 2 December 2002 FIAB brought a complaint before the Servicio de Defensa de la Competencia (“SDC”) against the four main Spanish food retailers for breach (...)

Pablo Ibáñez Colomo The Spanish NCA fines the main association of film distributors € 900,000 for exchange of sensitive information - Hollywood majors’ subsidiaries in Spain are moreover fined € 2,400,000 for concerted practices in the distribution of films (Distribuidores Cine-FEECE)

5250

The Federación de Empresarios de Cine de España (hereinafter, “FEECE”) is an association of Spanish film exhibitors. In 2003, the FEECE brought a complaint before the Servicio de Defensa de la Competencia (“SD”) against the Spanish subsidiaries of Hollywood majors’ film distributors for (...)

Pablo Ibáñez Colomo The Italian NCA fines € 1.6 M the incumbent postal operator for exclusionary tariffs based on a national decree on the basis of Art. 10, 82 and 86 EC (Posta Ibrida)

5062

Poste Italiane SpA (hereinafter, “Poste Italiane”) is the incumbent operator in the postal sector in Italy. It operates in the hybrid mail sub-sector through Postel SpA (hereinafter, “Postel”), a subsidiary it owns 80% of. In 2003, an undertaking active in the hybrid mail sub-sector lodged a (...)

Pablo Ibáñez Colomo A Spanish Court dismisses an application brought by a pay-TV against the Spanish copyright collecting society for breach of Art. 82 EC (Canal Satélite Digital - DTS / SGAE)

8709

Canal Satélite Digital, S.L. (hereinafter, “Canal Satélite”) y DTS Distribuidora de Televisión Digital, S.A. (“DTS”) are two Spanish companies whose main shareholder is Sogecable, the main pay-TV operator in Spain (which develop its pay-TV activities under the commercial name Digital+). Canal Satélite (...)

Pablo Ibáñez Colomo The Portuguese NCA fines € 195.000 an association gathering local shipping agents for breach of Art. 81 EC and its equivalent national provisions (AGEPOR)

3630

In a brief decision, the Portuguese Autoridade da Concorrência imposes a € 195.000 fine to the local association gathering shipping agents (Associação dos Agentes de Navegação de Portugal, hereinafter “AGEPOR”) for breach of Article 81 EC. As was the case in previous decisions already commented in the (...)

Pablo Ibáñez Colomo The Italian National Competition Authority fines the Italian Football Association for the price-fixing of tickets for the so-called “play-off” and “play-out” games (Lega Calcio - Prezzi Biglietti Play-Off)

2662

The Lega Nazionale Professionisti (the Italian Football Association, hereinafter, “the Lega”) gathers together Italian football clubs registered to play in the First and Second Division championships (called Serie A and Serie B), as well as other minor championships involving the same teams. 22 (...)

Pablo Ibáñez Colomo A Portuguese Court finds that a beer distribution agreement does not appreciably restrict competition (Sociedade Central de Cervejas / Factorfina Consultores)

6338

Centralcer - Central de Cervejas, S.A. (one of the main beer manufacturers in Portugal, hereinafter referred to as “the supplier”) signed a single-branding agreement with Factorfina Consultores Lda. (hereinafter, “the purchaser”) in 1997. In exchange for ESC 7.605.000, the purchaser agreed not to (...)

Pablo Ibáñez Colomo The Portuguese Competition Authority imposes fines to 5 pharmaceutical companies for collusion in tender procedures for the provision of medical supplies to public hospitals (Abbott, Bayer, Johnson & Johnson...)

2766

In January 2005 the Portuguese Autoridade da Concorrência (hereinafter, the “NCA”) imposed a € 658,413.22 fine on five pharmaceutical companies involved in collusive practices in a public tender procedure for the purchase by the Centro Hospitalar de Coimbra (“CHC”) of 4,000 packages of chemically (...)

Pablo Ibáñez Colomo The Spanish Competition Authority reaches a settlement agreement with the incumbent in the postal sector bringing to an end a complaint for predatory pricing practices (Correos/ASEMPRE)

4133

On 21 January 2002, the Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia (hereinafter, “ASEMPRE”), an association gathering undertakings active in the postal sector, lodged a complaint against the Sociedad Estatal de Correos y Telégrafos (“Correos”), the incumbent in the (...)

Pablo Ibáñez Colomo The Portuguese Competition Authority issues a notice giving detailed reasons for the general prohibition of price-fixing agreements addressed in particular to professional associations

2462

In its most recent decisions (see “The Portuguese Competition Authority finds that the deontological code of the professional association of veterinaries infringes Art. 81 EC by imposing minimum fees for the supply of professional services”, e-Competitions, july 2005, Article n° 144 ; “The (...)

Pablo Ibáñez Colomo The Portuguese Competition Authority finds that the Professional Association of Dentists infringed both Art. 81 EC and its national equivalent by imposing minimum fees to its members for the supply of professional services, and imposes a € 160.181 fine (Portuguese Professional Association of Dentists)

2359

The Autoridade da Concorrência (hereinafter, “the NCA”) opened an investigation on its own motion after finding out that a list setting minimum and maximum fees for the provision of the different dental services was published on the website of the Portuguese Professional Association of Dentists (...)

Pablo Ibáñez Colomo The Spanish Supreme Court rejects the action against the NCA’s interim measures fining € 3 M price fixing in the framework of “non-genuine” agency agreements (Repsol)

9105

On 11 July 2001, the Tribunal de Defensa de la Competencia (hereinafter, “the NCA”) adopted a decision (“resolución”) in which it found that Repsol, S.A. (now Repsol YPF, S.A., hereinafter referred to as “Repsol”) acted in breach of Article 1(1) of the Spanish Competition Act. More precisely, the NCA (...)

Pablo Ibáñez Colomo The Portuguese Competition Authority finds that the deontological code of the professional association of veterinaries infringes Art. 81 EC by imposing minimum fees (Sindicato Nacional dos Médicos Veterinários)

5915

Following a complaint, the Autoridade da Concorrência (hereinafter, “the NCA”) started an investigation concerning the fixation of minimum prices by the Professional Association of Veterinaries (“the Association”). According to Article 43 of the Deontologial Code (“the Code”) issued by this (...)

Pablo Ibáñez Colomo A Spanish Court considers a distribution contract to be a “genuine” agency agreement therefore not caught by Art. 81.1 EC (Rutamur / Repsol)

6775

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Rutamur, S.A.(“Rutamur”) concluded in December 1988 an agency agreement concerning the distribution of oil products. The latter operated from premises hired to it by Campsa. The commission was set by reference to the (...)

Pablo Ibáñez Colomo The Italian Competition Authority, after having opposed to a so-called merger transaction under Art. 81 EC, imposes substantial modification to the original acquisition agreement and finally clears the transaction as a merger (Anonima Petroli Italiana - ENI)

6211

API Anonima Petroli Italiana (“API”) is an undertaking active in the distribution, marketing and refinement of oil products. ENI is active mainly in the oil and natural gas sectors. IP, a subsidiary owned at 100% by ENI, is active in the marketing of oil products. On 1 June 2005, API and ENI (...)

Pablo Ibáñez Colomo The Spanish Telecommunications Authority closes proceedings for interim relief considering that Teléfonica’s commercial strategy for the launch of its pay-TV services is not a tying practice within the meaning of Art. 82 EC (Servicio Imagenio)

5965

Telefónica de España, S.A.U. (hereinafter, “TESAU”) is a 100% owned subsidiary of Grupo Telefónica, the Spanish incumbent in the telecommunications sector. Under the commercial name “Línea Imagenio”, TESAU provides broadband Internet access and pay-TV services, including video-on-demand as well as (...)

Pablo Ibáñez Colomo The Italian Competition Authority considers that hardcore restrictions may have the effect of hindering trade between member States and opens proceedings against five manufacturers of marine and yacht coatings for alleged breach of Art. 81 EC (Vernici Marine)

4303

On 13 August 2003, a complaint was lodged before the Autorità Garante della Concorrenza e del Mercato (hereinafter, “AGCM”). The complainant alleged the existence of an anticompetitive agreement reached between several manufactures of marine and yacht coatings : Boat - Boero Attiva Marine and (...)

Pablo Ibáñez Colomo The Madrid Commercial Court finds a distribution agreement to be null and void and decides that the claimant is not entitled to recover the sums paid by virtue of a contract (Aloyas / Repsol)

11205

Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol”) and Estación de Servicio Aloyas, S.L., S.A. (“Aloyas”) concluded on 14 March 1995 a 10-year contract concerning the distribution of oil products. The parties agreed that the contract was an agency one. The term “agent” was even (...)

Pablo Ibáñez Colomo A Portuguese court states that a beer distribution agreement does not appreciably restrict competition on the basis of Art. 81 EC and inflicts a fine of € 77,715 (Centralcer/Nascimento)

4476

Centralcer - Central de Cervejas, S.A. (one of the main beer manufacturers in Portugal, hereinafter referred to as ‘the supplier’) signed in 1997 a single-branding agreement with Carmo José Augusto Nascimento (hereinafter, ‘the purchaser’). It was agreed between the parties that the contract would (...)

Pablo Ibáñez Colomo The Italian NCA opens proceedings against the incumbent in the electricity sector, for alleged violation of Art. 82 EC in the determination of wholesale prices for electricity (Enel)

4230

Facts and procedure Enel S.p.A. (hereinafter, ‘Enel’), the Italian incumbent in the electricity sector, is owned at 30% by the State. The undertaking is active in the power generation sector through one of its subsidiaries, Enel Produzione. On 21 February 2005, the Autorità per l’Energia (...)

Pablo Ibáñez Colomo The Portuguese Competition Authority states that the Code of Best Practices notified by three associations in the electric goods sector does not qualify for an individual exemption (AGEFE - ANIMEE - APETCE)

4032

Autoridade da Concorrência, Decision Código de Boas-Práticas para a distribuição de Material Eléctrico, Press release n° 3/2005, 29 March 2005 The case at hand involves three associations: the Associação Portuguese dos Grossistas de Material Eléctrico, Electrónico, Electrodoméstico, Fotográfico e de (...)

Pablo Ibáñez Colomo A Spanish Tribunal finds that a distribution agreement may not be a ’genuine’ agency agreement and thus may fall within the scope of Art. 81.1 EC (Gebe / BP Oil España)

7718

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Gebe, S.L. (“Gebe”) concluded in July 1988 an agreement concerning the distribution of oil products. The latter operated from premises hired to him by Campsa. The agency agreement included a non-compete obligation and (...)

Pablo Ibáñez Colomo The Italian competition authority opens proceedings for breach of Art. 82 EC alleging that purchasing of broadcasting rights for the football games may constitute an abuse (Reti Televisiva Italiana - Diritti calcistici)

4845

Reti Televisive Italiane S.p.A. (hereinafter, “RTI”) owns the licence for the broadcasting of three national-wide television channels, Canale 5, Italia 1 and Rete 4. RTI is a wholly owned subsidiary of Mediaset S.p.A. The latter is a subsidiary of the holding Fininvest S.p.A. During summer 2004 (...)

Pablo Ibáñez Colomo The Italian competition authority opens proceedings against three mobile telecommunications operators for alleged excessive interconnection fees pursuant to Art. 81 and 82 EC (TIM-Vodafone-Wind / TELE2-TWC-Startel)

3971

TELE2 Italia (hereinafter, “TELE2”) lodged a complaint before the Autorità Garante della Concorrenza e del Mercato (“AGCM”) on 16 April 2004. A similar complaint was lodged some months later by ReteItaly, Trans World Communication Italia (“TWC”) and Startel. TELE2 has as its core activities in the (...)

Pablo Ibáñez Colomo The Portuguese competition authority adopts a decision against five pharmaceutical companies for collusion in a public tender procedure (Abbott, Bayer, Johnson & Johnson...)

3933

The Autoridade da Concorrência (hereinafter, “ADC”) informs about the closing of a procedure against Abbott Laboratórios, Bayer Diagnostics Europe, Johnson & Johnson, Menarini Diagnósticos e Roche Farmacêutica Química, five undertakings active in the market for chemically reactive strips used to (...)

Pablo Ibáñez Colomo The Spanish Supreme Court rejects the appeal brought by two undertakings active in the distribution of oil products and considers the case-law of the ECJ as being a non-binding “reference” of “great value” (L’Andana)

5406

On 25 March 1996, the Juzgado de Primera Instancia de Valencia dismissed an action brought by L’Andana, S.A. and Estación de Servicion L’Andana, S.L. (both referred to hereinafter as “L’Andana”) against Repsol Comercial de Productos Petrolíferos, S.A. (“Repsol”). The claimants contended that the series (...)

Pablo Ibáñez Colomo The Spanish competition authority adopts a prudent approach on alleged price squeeze and discriminatory practices by the telecommunications incumbent on interconnection and termination fees (Uni2-MCI WorldCom / Telefonica Móviles)

5668

Uni2 and MCI WorldCom España, two telecommunication operators, lodged a complaint on 31 October 2002 before the Servicio de Defensa de la Competencia (hereinafter, “SDC”) against Telefonica Móviles (hereinafter, “TME”). The SDC opened proceedings against TME and sent a draft decision to the Tribunal (...)

Pablo Ibáñez Colomo La "High Court" irlandaise condamne pour entente et abus de position dominante, sur le double fondement des dispositions internes et communautaires de concurrence, le fonds de garantie mis en place par l’association irlandaise des coopératives de crédit et d’épargne (John O’Regan, ILCU)

7073

L’ILCU, créée en 1960, est une association qui représente les intérêts des Credits Unions (coopératives de crédit et d’épargne) dans la République d’Irlande et en Irlande du Nord. En 1989, elle a mis sur pied un fonds de garantie (ci-après, “SPS”) au profit de ses membres. Le règlement de l’ILCU précise (...)

Pablo Ibáñez Colomo A Spanish Court refuses to qualify a contract as a resale agreement and holds that the qualification given by “administrative bodies” to similar agreements is not binding upon national courts (Melón / Repsol)

6996

Repsol Comercial de productos petrolíferos S.A. (hereinafter, “Repsol”), supplied oil products to Melón S.A. (hereinafter, “Melón”), pursuant to an agency agreement signed between the parties. Considering that it was not a “genuine” agency agreement and that Commission Regulation (EC) n° 2790/1999, of (...)

Pablo Ibáñez Colomo The Portuguese competition authority adopts an exemption decision under national competition law for an exclusive distribution agreement (Central de Cervejas)

5306

Autoridade da Concorrência, Decision SCC - Central de Cervejas, S.A., 28 june 2004 SCC - Central de Cervejas, S.A. (hereinafter, “SCC”) is a Portuguese undertaking whose main activity is the manufacturing and marketing of beer, soft drinks and mineral waters. In order to obtain a negative (...)

Pablo Ibáñez Colomo The Spanish Audiencia Provincial de Madrid refuses to submit a preliminary reference to the ECJ considering that this would only be relevant if the agreements at stake were deemed to be agency ones (Ahigal and Melón/Repsol)

6843

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, ‘Campsa’) concluded an agency agreement concerning the distribution of oil products with two companies, Ahigal, S.A. (“Ahigal”) and Melón, S.A. (“Melón”). In 2003, Ahigal and Melón decided to bring an action against Repsol Comercial de (...)

Pablo Ibáñez Colomo A Spanish jurisdiction holds that the application of EC law would only be pertinent in case the agreements are deemed “non-genuine” agency ones (La Safor/Compañía Logística de Hidrocarburos)

9118

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Automoción y Servicion La Safor, S.L. (“La Safor”) concluded in March 1990 a number of contracts related to the distribution of oil products. The contractual relationship included an agency agreement as well as a (...)

Pablo Ibáñez Colomo A Spanish Court declares null and void on the basis of Art. 81.1 EC a “non-genuine” agency agreement involving price-fixing and concluded for a period exceeding 10 years (Clau/Cepsa)

6369

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Clau, S.A. “Clau”) concluded in December 1988 a series of agreements concerning the distribution of oil products. Clau decided to grant a “droit de surface” (“derecho de superficie”) of a piece of land it owns so that (...)

Pablo Ibáñez Colomo A Spanish Court annuls a judgment rendered in first instance on qualification of a so-called agency agreement in the oil products distribution sector (Repsol)

9324

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Caminas, S.A. (“Caminas”) concluded in July 1981, November 1981 and July 1989 several agreements related to the exploitation of a gas station (“the agreements”) by the latter. Caminas brought an action for annulment (...)

Pablo Ibáñez Colomo The Spanish Civil Supreme Court finds that an oil distribution agreement benefit from the exemption laid down by EC Reg. n° 1984/83 and awards damages (Gabai Oil/ Petróleos del Norte)

5351

On 18 July 1989, Gabai Oil, S.A. (hereinafter, “Gabai Oil”) and Petróleos del Norte, S. A. (“Petronor”) concluded an agreement for a period of 35 years regarding the distribution by the former of oil products supplied by the latter. Besides the non-compete obligation imposed upon Gabai Oil, Petronor (...)

Pablo Ibáñez Colomo The Spanish Supreme Court found that an exclusive car distribution agreement falled within the scope of Regulation 123/1985 and confirmed damages (Mercedes)

5208

On 10 February 1987, the Spanish subsidiary of Mercedes-Benz (hereinafter, “Mercedes”) and Motor Lugo, S.L. (“Motor Lugo”, which later became Auto Lugo) concluded an exclusive distribution agreement concerning the cars and spare parts manufactured by the former. Both parties agreed to set a minimum (...)

Pablo Ibáñez Colomo The Spanish Supreme Court holds that a single-branding agreement is null and void pursuant to Art. 81.2 EC, thus applying EC competition law for the first time (Rafael/DISA and Prodalca España)

7425

In February 1990 D. Rafael and DISA concluded a contract concerning the operation of a petrol station on premises owned by the latter and let to the former. DISA was obliged by virtue of the single-branding agreement to provide D. Rafael with petrol and other products, such as lubricants. As (...)

Pablo Ibáñez Colomo The Spanish Supreme Court dismisses the action brought by a number of ship owners against the monopoly in the oil sector for breach of Art. 82 EC (Isidoro Rodríguez)

3340

At the time of the facts (late 1980s), Compañía Arrendataria de Monopolio de Petróleos, S.A. (hereinafter, “CAMPSA”), a State-owned company, controlled the oil sector in Spain. Isidoro Rodríguez, S.A., along with other 209 ship owners, brought an action for damages against CAMPSA for breach of (...)

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