The Spanish Supreme Court annuls a merger prohibition decision in the local bus transport sector as the operation was already tacitly cleared (Salcai / Utinsa)

On April 1, 2002, in the case Salcai/Utinsa, the Spanish Supreme Court (Tribunal Supremo, TS) for the first time annulled completely a decision adopted by the Council of Ministers regarding the prohibition of a merger. Background The parties involved in the merger were two local transport operators : Utinsa S.A. (“Utinsa”), an enterprise operating in the north and centre of the island of Gran Canaria, and Salcai S.A. (“Salcai”), active in the south of the island. Due to long-term concessions, both companies held a monopoly in public-transport services in their areas of the island. On January 22, 2000, Salcai and Utinsa merged, becoming a new entity called Salcai-Utinsa S.A. As a result of the transaction, the merging companies represented almost 99% of the market for public-transport

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Pablo Lavandeira, Aida Oviedo Martínez, The Spanish Supreme Court annuls a merger prohibition decision in the local bus transport sector as the operation was already tacitly cleared (Salcai / Utinsa), 1 April 2002, e-Competitions Bulletin April 2002, Art. N° 21949

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