Laura Moya is an associate with Callol, Coca & Asociados, based in Madrid. She holds a law degree with a special degree in EU law and an LL.M in Business Law from the San Pablo CEU University (Madrid). Laura has participated in antitrust cases (infringement proceedings under articles 101 and 102 TFEU and 1 and 2 of the SCA, general advise to companies and self-assessments) in the sectors of car distribution, bus transportation services and chemical industry. She has worked in the drafting and preparation of merger filings before national competition authorities in connection with advertising online platforms. Additionally, Laura has assisted in connection with the judicial review of cartel decisions in Spain.
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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 (...)
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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 (...)
22
Review of VBER . The European Commission (EC) recently published its Staff Working Document containing its findings on the evaluation the Vertical Block Exemption Regulation (VBER) and its Guidelines. The VBER, which provides a safe harbor for contractual restraints (for instance between (...)
131
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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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The National Competition and Markets Commission (CNMC) has published a guide on competition law compliance programs (Guide). The Guide draws on two legal developments: (i) the prohibition of contracting with public administrations in the case of companies found guilty of infringing the (...)
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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 (...)
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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 (...)
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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. (...)
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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) (...)
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On 14 December 2012, Marine Harvest entered into a share purchase agreement under which it acquired a 48.5% stake in one of its competitors, Morpol. The transaction, which was not notified to the Commission, was completed on 18 December 2012. In 2013, Marine Harvest made a mandatory public (...)
109
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 (...)
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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 (...)
133
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 (...)
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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 (...)
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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 (...)
60
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 (...)
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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, (...)
58
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) (...)
49
On 7 June 2016, the National Markets and Competition Commission (NMCC) has published a notice (Notice) providing information on the procedure followed by NMCC when carrying out dawn raids. The NMCC’s note contemplates the main milestones of an inspection (i.e., legal authorization and (...)
46
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 (...)
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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 (...)
46
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 (...)
47
On 18 January 2017, the SCA has published guidance providing information regarding the prosecution of competition law irregularities in the area of public procurement (Guidance). In recent years, the SCA has fined several companies for bid-rigging (e.g., (...)
50
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) (...)
40
The Ministry of Justice has published its proposal (Proposal) on the implementation in Spain of Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive). Before initiating the parliamentary approval process, the Proposal (...)
29
On 18 November the NMCC has approved the project of regulation regarding the wholesale markets for high speed Internet in Spain. After analysing the competitive conditions of the said markets the NMCC has identified Telefónica as the one operator having significant market power with regard to (...)
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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, (...)
35
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 (...)
49
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 (...)
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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, (...)
39
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 (...)
52
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 (...)
40
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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
26
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 (...)
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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 (...)
