CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – SPAIN – RIGHTS OF DEFENSE – DECISION MODIFYING A STATEMENT OF OBJECTIONS – ANNULMENT

Spain: The Spanish Supreme Court confirms the annulment of a decision amending a Statement of Objections and establishes that broadening the time scope of the alleged infringement is not a correction of a material error but a modification of the facts of the accusation, which is not permitted by law (Nestlé España)

By Judgement of 24 July 2018, issued in appeal n° 2665/2016, the Supreme Court has confirmed the Judgement of 11 July 2016 of the Audiencia Nacional (appeal n° 343/14) deciding on the appeal by Nestlé España S.A. against the decision of the Council of the Spanish Competition Authority (the “CNMC”) of 31 July 2014 which dismissed Nestlé’s administrative appeal against a decision of the Directorate of Competition dated 24 April 2014 amending the Statement of Objections (“SO”) issued on 18 March 2014 in Case S/0425/12, Dairy Industries 2. The confirmation of the Judgement of the Audiencia Nacional by the Supreme Court implies the final annulment of the decision modifying the SO, which extended the duration of an alleged infringement consisting of an information exchange. In April 2014, the

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Paloma Martínez-Lage Sobredo, Rafael Allendesalazar, Spain: The Spanish Supreme Court confirms the annulment of a decision amending a Statement of Objections and establishes that broadening the time scope of the alleged infringement is not a correction of a material error but a modification of the facts of the accusation, which is not permitted by law (Nestlé España), 24 July 2018, Concurrences Review N° 4-2018, Art. N° 88291, pp. 206-208

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