Callol, Coca & Asociados (Madrid)

Jorge Manzarbeitia

Callol, Coca & Asociados (Madrid)
Lawyer (Senior Associate)

Jorge is a Senior Associate with Callol, Coca & Asociados in Madrid. Prior to joining Callol, Coca & Associados, he was Associate in the EU & Competition department of Roca Junyent, dealing with antitrust, merger control and State Aid issues. He also worked as an associate in the Corporate Department in Allen & Overy, Madrid. He holds a Law Degree from Universidad San Pablo CEU, Madrid, specialising in EC Law, which he finished in Portobello College, Dublín. He holds a Masters Degree in International Business Law from Institute of European Studies of Universidad San Pablo CEU and a LL.M Masters Degree in Corporate and Commercial Law from University College London.

Linked authors

Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)

Articles

18836 Bulletin

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The Spanish Government amends the FDI screening regime and temporarily extends the regime to investments made by EU/EEA investors above given thresholds

115

Royal Decree-Law 34/2020, of 17 November, on urgent measures supporting business solvency and others (RDL 34/2020), has been published today introducing (i) a new amendment to the foreign direct investment (FDI) screening regime applicable to critical infrastructures, supplies, technologies and (...)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority clears, with remedies, a merger in the cement business (ÇIMSA / CEMEX)

19

According to the recently published press release, after a fourteen-month investigation, the CNMC has cleared in phase II the acquisition of Cemex’ white cement divisions by Çimsa subject to conditions. The CNMC initiated a phase II in-depth review due to potential competition problems in the (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The Spanish Ministry of Economy and Digital Transformation publishes a draft regulation modifying the Competition Act

30

Last 31 July 2020, the Ministry of Economic Affairs and Digital Transformation made public the draft regulation modifying Law 15/2007, of 3 July, on the Defense of Competition (Draft Regulation). The Draft Regulation, other than implementing the main features of the ECN+ Directive into Spanish (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Commission adopts guidance for national courts when handling disclosure of confidential information

12

The European Commission has adopted a communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law (Communication). The adoption follows a public consultation launched by the Commission last year inviting (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Court of Justice rules on dawn raids, in particular on storing of data without prior selection, which is then examined in the offices of the Commission (Nexans)

15

The CJEU ruled on the European Commission’s powers of inspections in cartel proceedings, in particular, regarding the power to copy data without a prior examination. On 2009, the Commission’s inspectors, accompanied by representatives of the French competition authority, visited the premises of (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU General Court reduces the fine imposed on a company for its participation in the smart card chip market by almost €6 million (Infineon Technologies)

12

By decision of 3 September 2014, the Commission established the existence of a cartel in the smart card chip sector in the EEA from 2003 to 2005. Within said cartel, several undertakings, namely Infineon, Philips, Samsung and Renesas, had coordinated their pricing policy through a network of (...)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority publishes a guide on treatment of confidential information in antitrust proceedings

28

The CNMC has published the “Guide on treatment of confidential information and personal data in antitrust proceedings under Law 15/2007” (Guide), aimed at providing guidance to companies and other interested parties when they request confidentiality of information or documents provided by them in (...)

Pedro Callol, Manuel Canadas Bouwen, Enrique Fayos, Jorge Manzarbeitia, Laura Moya The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)

10

In 2016, the CNMC fined €128.8 million on seven manufacturers, a business association (the Spanish Federation of Healthcare Technology Companies (FENIN)) and four individuals for setting up a price-fixing cartel of adult diapers sold in pharmacies (Decision of 26 May 2016, AIO, file S/DC/0504/14 (...)

Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Pedro Callol, Laura Moya The Spanish Competition Authority authorizes the merger of travel agencies (Barceló / Globalia)

11

On 8 May 2020, the CNMC has authorized in phase 1 the acquisition by Barceló Corporación Empresarial (Barceló) of exclusive control of assets belonging to Globalia Corporación Empresarial (Globalia), essentially, its wholesale and retail travel agency and occasional road passenger transportation (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Court of Justice confirms a strict interpretation of the notion of infringement by object (Budapest Bank)

12

On April 2020, the CJEU rendered its ruling in Budapest Bank on a request for a preliminary ruling from Hungary’s highest court. The CJEU provides clear guidance on the concept of restriction of competition by object and its practical application by courts and national competition authorities. (...)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Supreme Court dismisses an appeal in connection with dawn raids carried out by the Competition Authority in the manufacturing sector (Prysmian)

12

The Supreme Court Order focuses on the guarantees that must govern the CNMC’s inspection activities in the exercise of its powers and, in particular, in relation to legal assistance for companies subject to inspection. In particular, the appeal is brought by Prysmian Spain, S.A (Prysmian) (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya, Enrique Fayos The Spanish Competition Authority opens antitrust proceeding against seven firms for suspected price coordination in the real estate intermediation market

11

Following dawn raids in November 2019, the CNMC has opened proceedings against seven firms (CDC Franquiciadora Inmobiliaria, S.A.; Look & Find primera red inmobliaria, S.A.; Aplicaciones Inmovilla, S.L.; Idealista, S.A.; Witei Solutions, S.L.; Anaconda Services and Real Estate Technologies, (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The Spanish High Court annuls Competition Authority’s decision fining 12 refrigerated transport companies and one business association for price fixing (ATFRIE)

11

The appealed Decision stated that the Spanish Association for Refrigerated Transportation (ATFRIE, in its Spanish acronyms), a business association of the main national companies involved in refrigerated transportation, had met to fix prices in the sector of refrigerated transport. The meetings (...)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority accepts commitments by a sport brand in connection with contractual provisions applied within its selective distribution network (Adidas / LDC)

13

The CNMC has reached a commitments decision with Adidas regarding restrictive practices in the Spanish retail market for clothing and footwear contrary to Article 1 SCA. Adidas submitted commitments addressing the CNMC’s concerns regarding certain clauses in the retail sports clothing company’s (...)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Supreme Court sheds light on the issue of penalties to directors in price fixing case (FENIN)

14

The Supreme Court’s judgments quash the decisions against two employees of FENIN (the Spanish Federation of Health Technology Companies) in the CNMC’ Decision of 26 May 2016, AIO, S/DC/0504/14), which fined €128.8 million on eight manufactures, their association FENIN and four individuals, for (...)

Enrique Fayos, Jorge Manzarbeitia, Pedro Callol The Commercial Courts of Barcelona and Madrid render judgements in follow-on suits against a cartel in the envelopes market (Sobres de Papel)

221

Update on damages claims in Spain - paper envelope cartel damages recovery. Several rulings have been issued by Spanish lower courts shedding light on key aspects of antitrust damages claims, such as the treatment of evidence concerning the calculation of compensation for damages. Also the (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Commission fines €125 million a multinational cable and telecommunications company for gun jumping (Alice / PT Portugal)

16

On 24 April 2018, the European Commission (EC) fined Altice €124.5 million (the highest fine imposed in Europe for gun-jumping) for the acquisition of PT Portugal without having notified the operation to the EC and obtained the mandatory clearance. In February 2015, Altice notified to the EC (...)

Pedro Callol, Jorge Manzarbeitia, Enrique Fayos, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y Paqueteria Empresarial)

18

On 8 March 2018, the NMCC fined ten courier and parcel companies a total of €68 million for participating in a customer-allocation cartel, in breach of Articles 1 of the Spanish Competition Act (SCA) and 101 of the Treaty on the Functioning of the European Union (TFEU). Some of the companies (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Laura Moya, Enrique Fayos The Spanish Supreme Court rejects the allegations of abuse of dominance by a postal incumbent for lack of evidence (Correos)

16

In 2014, UNIPOST, S.A. (Unipost) filed a complaint before the NMCC against Sociedad Estatal de Correos y Telegrafos, S.A., (Correos) denouncing that Correos was able to offer discounts to large customers, well above the discounts offered by Unipost and other competitors for similar services, (...)

Pedro Callol, Laura Moya, Jorge Manzarbeitia, Enrique Fayos, Manuel Canadas Bouwen The Spanish Supreme Court dismisses appeals by mobile operators and rules that the acquisition should have been notified for merger control (Orange / Simyo)

19

On 23 July 2013, the NMCC found France Telecom España, S.A.U. (Orange) guilty for having failed to notify for merger control the acquisition of the exclusive control of KPN Spain, S.L.U. (SIMYO). Spanish law states that concentrations that meet either one of the (turnover and market share) (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Competition Authority fines two major undertakings operating in the rail-cargo market for anticompetitive practices (Renfe / Deutsche Bahn)

12

The SCA has imposed fines totalling €75.6 million on several companies operating the rail-cargo market, for practices contrary to Articles 1 and 2 of the Competition Act and Articles 101 and 102 TFEU (according to a recent press release by the NCA). Renfe and (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Competition Authority opens an investigation for possible abusive practices consisting of a refusal to supply certain pharmaceuticals and for excessive prices (Aspen)

31

On 3 February 2017, the SCA has initiated proceedings against Aspen Pharma Ireland Ltd, Aspen Pharmacare Holdings Limited and Aspen Pharma Trading Limited (Aspen) for possible abusive practices consisting on a refusal to supply certain pharmaceuticals and for excessive prices. The SCA also (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Supreme Court clarifies the interpretation of the principle of legitimate expectations in a ruling regarding an agreement in the wine market (Asevivaldepeñas)

18

On 29 November 2012, the SCA fined the Regional As Regional Association of Winemakers of Valdepeñas (ASEVIVALDEPEÑAS) for infringement of Articles 1 SCA and 101 TFEU (Decision). On review by the Supreme Court, ASEVIVALDEPEÑAS invoked the principle of legitimate (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Supreme Court upholds the fine imposed on a parent company held jointly and severally liable for the cartel behaviour of its subsidiary (Caprari)

20

The Supreme Court has upheld the appeal filed by Caprari SpA (Caprari or Parent Company) against the decision of the SCA declaring the Parent Company guilty of conduct carried out by its Spanish subsidiary Bombas Caprari S.A. (Bombas Caprari or Subsidiary) (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines two media companies for breaching commitments attached to two concentrations in the audiovisual market (Mediaset / Atresmedia)

13

The NMCC has imposed fines of € 3 million and € 2,8 million respectively on Gestión Telecinco S.A. (Mediaset) and Antena 3 Televisión S.A. (Atresmedia) for infringing the commitments to which the authorisations of both past acquisitions of sole control over Cuatro and La Sexta, respectively, were (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority ensures the principle of portability and fines a telecommunications company in the fixed telephone line market for preventing its users from switching their line operator (Orange)

12

The NMCC has fined Orange € 120,000 for preventing 525 users from switching their fixed telephone line operator between 2013 and 2014. Portability (the change of fixed telephony service provider keeping the same telephone number) is regulated as an essential right of users. According to the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The EU Court of Justice confirms the liability of cartel facilitators in a landmark decision concerning the heat stabilisers cartels (AC-Treuhand)

17

On 22 October 2015, the ECJ has issued a judgment on appeal against the European Commission (EC) decision in the Heat Stabilisers cartels (Commission v AC-Treuhand AG C-194/14 P). The ECJ stated that a fine can be imposed under Article 101 TFUE on a consulting firm for facilitating cartel (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Autorithy fines a company for failure to notify, taking into account that the actual market share resulting from the transaction in the market of diagnostic business of blood transfusions met the legal notification threshold (Grifols)

14

The NMCC has fined with € 106.500 Grifols for failure to comply with the obligation to notify a concentration subject to the minimis market share threshold (i.e., when the turnover of the target does not exceed the € 10 million the market share threshold increases up to 50%). In particular, the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority rules in two decisions that bar associations’ recommandations must comply with article 101 (Las Palmas Bar Association / Guadalajara Bar Association)

12

The NMCC has fined the Las Palmas Bar Association €19,400 for a collective recommendation on prices contrary to Article 1 of the Spanish Competition Act (SCA). Apparently, the Bar Association decided in favor of a member for having charged the professional fees calculated according to the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines twenty-one automobile manufacturing and distributing companies for exchanging highly confidential information as well as the two consulting companies involved in these exchanges (Fabricantes de automóviles)

13

The NMCC has imposed fines totalling €171 million on 21 automobile manufacturing and distributing companies in Spain, as well as two consulting companies, for anti-competitive practices (Decision of 23 July 2015, file S/0482/13). The NMCC considers that a single and continuous infringement of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines a leading telecommunication company and a major audiovisual company for a concerted action in the markets for the acquisition, resale and exploitation of audiovisual rights of regular football competitions (Telefónica / DTS)

18

The NMCC has imposed fines totalling €15.5 million on Telefónica and DTS for the unlawful marketing of football broadcasting rights (Decision of 23 July 2015, file S/0436/12). On 23 July 2015, the NMCC fined Telefónica España S.A.U (Telefónica) and DTS Digital S.A (DTS) for illegally agreeing on (...)

Pedro Callol, Jorge Manzarbeitia, Laura Moya, Manuel Canadas Bouwen The Spanish High Court annuls the decision of the Spanish Competition Authority fining the public postal operator for an abuse of dominant position consisting on margin squeeze due to lack of evidence (Correos)

13

On 21 January 2014, the NMCC fined € 8.17 million on Correos for abusing its dominant position on the wholesale market for postal services (access to the postal network) and on the retail market for postal services involving large senders (business customers) in Spain. The (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines eighteen companies and one trade association active in the markets of paper and corrugated cardboard manufacturing for anticompetitive practices qualified as a single and continuous infringement (Asociación española de fabricantes de envases y embalajes de cartón ondulado)

21

The NMCC has imposed fines totalling €57.7 million on 18 companies and one trade association active in the markets of paper and corrugated cardboard manufacturing (Decision of 18 June 2015, file S/0469/13). On 18 June 2015, the NMCC has fined 18 companies and one trade association for breaching (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Supreme Court annuls two decisions of the Spanish Competition Authority because the evidence obtained during inspections were invalid because obtained as a result of the violation of a fundamental right (Trasmediterránea y Europa Ferrys)

18

The SC has annulled two NMCC decisions fining Transmediterránea (a Spanish shipping company that operates passenger and freight ferries). In particular, in two separate decisions (of November 2011 and February 2012) the NCC fined Transmediterránea €48.2 million for having participated in two (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Supreme Court annuls High Court judgments concerning a decennial liability insurance cartel (Compañias Seguro Decenal)

12

On 12 November 2009 the NMCC issued fines amounting to a total of € 120 million on several insurance and reinsurance companies for their participation in an arrangement to fix minimum prices for decennial liability insurance policies; its application; the performance of surveillance (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Government publishes a royal decree-law by means of which the distribution of the exploitation rights of audiovisual contents of professional football competitions is reformed

12

New Trade Regulation Applicable to the Marketing of Football Broadcasting Rights. A Competitive Outcome? You may be forgiven for thinking that broadcasting of football (soccer) events in Spain is big business. With some world class football clubs, broadcasting rights owned by Spanish football (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority approves an acquisition in the pay TV and telecommunications markets by a direct competitor in a second phase decision with commitments (Telefónica / DTS)

13

The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned by (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish High Court clarifies rules to calculate deadlines for punishing proceedings initiated by the Competition Authority

11

One of the features of the Spanish antitrust procedure is that the NMCC has in principle a limited time frame (18 months) from formal initiation of proceedings, to complete proceedings and issue a final administrative decision on the matter. In March 2015, the High Court held that the method (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines forty five car dealer companies for a cartel in the car distribution market (Toyota / Hyundai / Opel...)

22

The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 9 m to 45 car dealer companies operating in the country’s car distribution market for an infringement of Article 1 of the Spanish Competition Act (SCA) (Decisions of 5 March 2015, files S/0486/13, S/0488/13 (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines various milk suppliers for exchanging information, coordinating pricing and allocating clientele (Industrias Lácteas 2)

12

The NMCC has imposed fines totalling EUR 88.2m on nine companies and two associations operating in the country’s raw cow milk supply market for an infringement of Article 1 of the Spanish Competition Act (SCA) and Article 101 TFEU. The NMCC initiated proceedings as a result of a report on the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines oil companies for entering into several anticompetitive agreements (Repsol)

17

On 20 February 2015, the NMCC sanctioned Repsol S.A., Disa Corporación Petrolifera S.A., Meroil S.A., Galp Energía España S.A., BP España S.A. and Compañía Española de Petróleos S.A.U. (CEPSA) for several infringements of Articles 1 of the Spanish Competition Act (SCA) and 101 TFEU. In particular, the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines thirty-nine companies and three trade associations active in the waste management and urban sanitation for collusive practices and anticompetitive agreements (FCC / CESPA / Urbaser / Valoriza..)

13

The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 98.2 million on 39 companies and three trade associations active in the waste management and urban sanitation in Spain (Decision of 8 January 2015, file S/0429/12). According to the Directorate of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Supreme Court annuls, in two landmark rulings, two decisions from the Competition Authority due to a violation of the fundamental right to inviolability of the home by the Authority (UNESA)

25

The Spanish Supreme Court annuls, in two landmark rulings, two decisions from the Competition Authority due to a violation of the fundamental right to inviolability of the home by the Authority The Supreme Court has annulled inspections carried out by the National Competition Commission (NCC) (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines three companies for a cartel concerning the supply of industrial bearings for railway vehicle to the national operating company of the Spanish railways (RENFE / SKF / Schaeffler / NSK)

12

The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 4 million upon three companies that supply bearings to RENFE, which had formed a cartel (Decision of 4 December 2014, file S/0453/12). The NMCC has imposed fines totalling EUR 4.057 million upon three (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority conditionally approves, in a second phase decision, a merger in the market of free online classified motor vehicle advertising platforms (Schibsted / Milanuncios)

15

The National Markets and Competition Commission (NMCC) approves the acquisition by Schibsted España S.L.U. (SCM Spain) of Milanuncios S.L.U. (MA) subject to remedies in a second phase merger. On 20 November 2014, the transaction of reference has been deemed authorized under Spanish merger (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The Spanish Competition Authority obliges the governing body of football in Spain to apply the principles of transparency, objectivity and non-discrimination in the bidding for the broadcasting rights of two football cups (Real Federación Española de Fútbol)

14

The National Markets and Competition Commission obliges the Spanish Football Federation to comply with the principles of transparency, objectivity and non-discrimination in the bidding for the broadcasting rights concerning the final of the King’s Cup Final and the Spanish Super Cup (Decision of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines the dominant company on the electrical installations market for abusing its position by requiring undue payments (Endesa)

21

The National Markets and Competition Commission (NMCC) has fined Endesa Distribución Eléctrica S.A. (ENDESA) (€ 1.18 million) for abusing its dominant position on the electric installations market reserved to distributors, between 2009 and 2012. In particular, the abuse has consisted on an undue (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The Spanish Competition Authority publishes its strategic plan including sixteen actions in order to safeguard the proper functioning of all markets in the interests of citizens and companies in Spain

11

In late June the National Markets and Competition Commission (NMCC) published its definitive strategic plan, which has been approved by the Parliamentary Committee for Economy and Competitiveness. The document was previously subject to public consultation. In summary, the document contains a (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines fire-fighting equipment manufacturers for price-fixing and market-sharing agreements (Equipos c. incendios)

13

The National Markets and Competition Commission (NMCC) imposed fines totaling € 2.13 million on six companies operating in the market of fire-fighting equipment for price-fixing and market-sharing agreements. The NMCC initiated investigations on the basis of a leniency application by one of the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The EU Commission issues both its revised De Minimis Notice and a staff working paper to provide guidance on restrictions of competition by object

14

On 25 June 2014 the Commission has published a new De Minimis Notice (2014 Notice) which includes a revised set of rules for evaluating whether or not minor agreements between undertakings are caught by the general prohibition of anticompetitive agreements. Agreements below the market share (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The EU General Court confirms the Commission’s decision regarding two exclusionary abuses in the market for computer chips (Intel)

19

The General Court of the European Union (GC) judgment of 12 June 2014 has confirmed the record € 1.06 billion fine imposed on Intel by the Commission Decision in 2009. According to the Commission, Intel had abused its dominant position in the x86 CPUs market (i.e. essentially, the market for (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The EU Court of Justice confirms compensation for victims of umbrella pricing in its preliminary ruling following a cartel in the elevators market (Kone)

16

The Court of Justice confirms the general principle that “umbrella pricing” victims may obtain compensation from the members of a cartel even if there is no contractual relationship with them (Judgment 5 June 2014, Case C-557/12). Facts of the case before the Austrian civil courts In 2007, both (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines two professional associations for price-fixing in the market of pre-booked taxis (APAV)

11

The National Markets and Competition Commission has fined the Regional Association of Travel Agents of Santa Cruz de Tenerife and several taxi driver associations for fixing the prices of pre-booked taxis (Decision 21 March 2014, Case Taxis Tenerife Sacan, file S/0018/12). In its Decision of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority clarifies the equally efficient operator test in the context of an alleged abuse of collective dominant position in the market for wholesale voice call origination services (British Telecommunications / TME / Vodafone / Orange)

18

The National Markets and Competition Commission ends proceedings against Telefónica, Vodafone and Orange for an alleged abuse of collective dominant position (Decision 6 March 2014, Case Llamadas Moviles, file S/0391/11). In 2012, due to a complaint of British Telecommunications and its Spanish (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The Spanish Supreme Court clarifies the passing-on defense in a landmark private enforcement case following the sugar cartel (Ebro Foods)

14

In a landmark ruling, the Spanish Supreme Court has ordered the payment of a compensation for antitrust damages to several candy manufacturers (Judgment of 7 November 2013). The sugar “cartel” In a decision of 15 April 1999, the Spanish Competition Authority declared the existence of a price (...)

Jorge Manzarbeitia, Pedro Callol The Spanish telecommunications regulator fines the incumbent € 20 M for abuse related to access to the subscriber loop but raises questions on its relationship with Spanish Competition Authority regarding competition law enforcement (Telefónica)

6048

On the 16 November 2006, the Spanish telecommunications regulator ("Comisión del Mercado de las Telecomunicaciones", CMT) fined the incumbent Telefónica € 20 M for failing to comply with the conditions for access to the subscriber loop applying to third party operators in connection with the (...)

Jorge Manzarbeitia, Pedro Callol The Spanish Government is compelled to modify the divestitures conditions imposed by its Energy Regulator to clear a merger in the electricity sector following a decision from the EC Commission (E.ON / Endesa)

7304

On 26 September 2006 the European Commission (Commission) ruled against the decision of the Spanish energy regulator (Comisión Nacional de la Energía or CNE) granting clearance to E.ON’s takeover bid for Endesa subject to a number of conditions, on the grounds of a breach of Article 21 of Council (...)

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