


Pablo Ibáñez Colomo
Pablo Ibáñez Colomo is Professor of Law at the London School of Economics. He is also Visiting Professor at the College of Europe. 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.
Distinctions
Nominee, 2022 Antitrust Writing Awards: Academic, Concerted Practices
Nominee, 2022 Antitrust Writing Awards: Academic, Concerted Practices
Nominee, 2021 Antitrust Writing Awards: Academic, Digital
Nominee, 2021 Antitrust Writing Awards: Academic, Concerted Practices
Nominee, 2017 Antitrust Writing Awards: Academic, General Antitrust
Nominee, 2015 Antitrust Writing Awards: Academic, Dominance
Nominee, 2014 Antitrust Writing Awards: Academic, Dominance
Nominee, 2013 Antitrust Writing Awards: Academic, Anticompetitive Practices





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277403 Bulletin
1586
1. Introduction Delimitation of national law and EU law and the proper qualification of ‘purely national situations’ has been a consistent source of questioning, leading up to an important body of case-law in all fields of EU law (again recently illustrated by the McCarthy case in relation (...)
457
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. September 11 2014 was a big day for antitrust at the European Court of Justice. The Court delivered two important Judgments in the Mastercard and Cartes (...)
4171
Article 5 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 (OJEU L 1, 4 January 2003, p. 1-25) allowed National Competition Authorities to accept commitments in proceedings concerning the (...)
3734
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 (...)
5916
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 (...)
4155
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 (...)
5431
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 (...)
2693
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 (...)
5442
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 (...)
5287
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 (...)
10053
Factual background The present judgment is a new chapter of a lengthy saga concerning agreements signed between petrol distributors and Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol CPP”), a subsidiary of the former monopoly in the Spanish petrol sector. This saga (...)
8895
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 (...)
3708
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 (...)
6968
The Economics Department of the Catholic University of Portugal carried out a Report for the Portuguese Autoridade da Concorrência (hereinafter, “the NCA”) concerning the liberalisation of the resale of pharmaceuticals at retail level. The Report sought to: Identify barriers to entry arising (...)
2756
6458
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 (...)
3287
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 (...)
4246
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 (...)
2542
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 (...)
2442
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 (...)
2496
Sociedade Independiente de Comunicação (hereinafter “SIC”) is the leading private free-to-air broadcaster in Portugal. Upon the advent of pay-TV in the country, the undertaking set up a series of theme channels, including SIC Notícias (a news channel), SIC Radical, SIC Comédia and SIC Mulher. (...)
9328
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, (...)
5992
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 (...)
6957
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 (...)
6343
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 (...)
6128
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 (...)
4423
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 (...)
11405
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” (...)
4595
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 (...)
4331
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 (...)
4083
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, (...)
7895
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 (...)
4954
4124
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 (...)
9779
On 2 January 2003, the Juzgado de Primera Instancia n° 74 de Madrid dismissed an action brought by Melón, S.A. (“Melón”) and E.S. Zarza, S.L. (“Zarza”), two undertakings active in the distribution of oil products, against Repsol Comercial de Productos Petrolíferos, S.A. (“Repsol”), an (...)
4252
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 (...)
5568
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 (...)
5836
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 (...)
7252
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° (...)
5384
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 (...)
7024
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 (...)
9277
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 (...)
6510
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 (...)
9487
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 (...)
8568
Background Note On 11 July 2001, the Spanish Tribunal de Defensa de la Competencia (the “NCA”) adopted a prohibition decision against Repsol Comercial de Productos Petrolíferos, S.A. (“Repsol CPP”) a subsidiary of the formerly State-owned oil company Repsol. The NCA took the view that (...)
3345
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, (...)
5457
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, (...)
5319
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 (...)
7615
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 (...)
3449
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 (...)
23957 Review
151
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
6433
While the European Commission is exploring a possible revision of the VBER and of the Vertical Guidelines and assessing the various policy options proposed, this volume aims to reflect on some of the relevant issues and subjects in the VBER, some more controversial than others, but all having (...)
1306
The 2009 decision of the EU Commission imposing a €1.06 billion fine on Intel, and the subsequent judgment of the General Court (GC) upholding the decision have sparked an intense debate as to the way Article 102 TFEU should be applied. This On-Topic adds to the fervent discussion with (...)
2702
Could you briefly explain your background? In which way does your background as a journalist have an influence on your position as Commissioner for Information Society and Media? More than five years have passed since the Regulatory Framework for Electronic Communications was adopted. Has the (...)
5333
1. The television sector poses particular challenges for the European Commission (hereinafter the "Commission") and the national competition authorities. The pay-TV market, which is still dominated by vertically integrated satellite operators, has undergone a vast consolidation process in (...)
8032
In the first article of a round-table discussion dedicated to «State aids in the banking and financing sectors» (Colloque Banques, Finances & Concurrences, 30 November 2006), Professor Dominique Berlin gives an overview of the implementation of State aid rules and regimes in these sectors (...)
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