MLAB Abogados (Madrid)

Rafael Allendesalazar

MLAB Abogados (Madrid)
Managing Partner

Rafael Allendesalazar is Managing Partner of MLAB Abogados, a firm he founded in 1985 with Santiago Martínez Lage. Over more than 30 years he has advised and represented numerous companies as well as public and private bodies, before competition authorities and before the Spanish and EU courts and tribunals in sectors such as consumer goods, professional associations, copyright collecting societies, energy, fuel distribution, telecommunications, media, automotive distribution, finance and credit cards, and the new digital platform economy. Rafael was also editor of the Gaceta Jurídica de la Unión Europea y de la Competencia (‘EU and Competition Law Gazette’) and is correspondent for the Chroniques section of Concurrences. He has published numerous articles relating to different aspects of the application of EU and Competition Law and regularly delivers classes and seminars at universities and other public and private institutions both in Spain and abroad. He has been President of the Spanish Association for the Defense of Competition.

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MLAB Abogados (Madrid)

Articles

321 Bulletin

5056 Review

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Audiencia Provincial de León dismisses the appeals lodged by truck makers confirming the commercial court’s conclusion that the cartel caused a 15% overprice, after the Court of Justice of the European Union clarified the temporal application of the Damages Directive to truck cartel cases (Volvo / DAF Trucks)

92

The Audiencia Provincial de León has dismissed the appeals lodged by two truck manufacturers, Volvo and DAF Trucks, against a commercial court judgment which awarded damages amounting to €10,906 after the Court of Justice of the European Union (CJEU) clarified the temporal application of the (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Audiencia Nacional annuls a decision of the Spanish competition authority (CNMC) fining a car wash equipment maker for refusing to cooperate with independent repairers of its machines (Istobal)

73

The Audiencia Nacional has annulled a decision of the Spanish competition authority (CNMC) fining the car wash equipment maker Istobal for refusing to cooperate with independent repairers of its machines –called SATs (technical assistance services)–, thus breaching Articles 1 and 2 of the Spanish (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Spanish competition authority (CNMC) imposes fines on the six main national construction companies for manipulating public infrastructure construction tenders (Acciona Construcción e.a.)

120

The Spanish competition authority (CNMC) has imposed fines amounting to €203.6 million on the six main national construction companies (Acciona Construcción, Dragados, FCC Construcción, Ferrovial Construcción, Obrascón Huarte Lain and Sacyr Construcción) for manipulating public tenders to build (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Audiencia Nacional upholds the appeals filed by several concrete companies against a decision of the Spanish competition authority (CNMC) fining them for participating in a cartel in the supply of concrete in the Asturias region (Hormigones de Asturias)

60

The Audiencia Nacional has upheld the appeals filed by eleven concrete companies and a manager against a decision of the Spanish competition authority (CNMC) which sanctioned them for operating a cartel in the supply of concrete market in the Asturias region, thereby incurring a single and (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Audiencia Nacional annuls, due to insufficient evidence, a decision of the Spanish competition authority (CNMC) fining two security companies and their managers for having participated in the sharing of the cash-in-transit and cash-handling market (Prosegur / Loomis)

96

The Audiencia Nacional has annulled a decision of the Spanish competition authority (CNMC) fining two security companies and their managers for having agreed to share the Spanish cash-in-transit and cash-handling market, fix prices and exchange commercially sensitive information. Following an (...)

Beatriz Sanchez-Ortiz, Rafael Allendesalazar Spain: The Spanish Competition Authority imposes a fine on the operator of the national electricity network for abusing its dominant position in the electricity transmission network access market by self-referencing its own services (Enel)

150

The Spanish Competition Authority (CNMC) has imposed on the renewable energy firm Enel Green Power S.L.(Enel Green) a EUR 4.9 million fine for abusing its dominant position in the market of access to the electrical transmission network, in particular, in two access nodes. The conduct (...)

Beatriz Sanchez-Ortiz, Rafael Allendesalazar Spain: The Audiencia Provincial of Madrid reverses a first instance decision of 2.6 million euros in damages caused by the Spanish insurance agreement, agreeing with the appellants’ argument that the plaintiff passed on the surcharge to its customers (Insurance Cartel)

105

The Provincial Court of Madrid (Audiencia Provincial de Madrid) has overturned a first instance judgment which ordered insurance companies Asefa, S.A. Compañía Española de Seguros y Reaseguros (Asefa) and Scor Global P&C, S.E (Scor) to pay EUR 2.6 million to the property developer Realia (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Spanish Competition Authority imposes a fine on the Spanish canine association for abusing its dominant position on the dog breed certification market by hampering the activity of rival associations and preventing judges from participating in competing events (Royal Canine Society of Spain)

107

The Spanish Competition Authority (CNMC) has imposed on the kennel association Real Sociedad Canina de España (RSCE) a EUR 142,996 fine for deterring the activity of rival associations and discriminating canine judges. According to the CNMC, the conduct constitutes an abuse of dominant position (...)

Beatriz Sanchez-Ortiz, Rafael Allendesalazar Spain: The Audiencia Nacional annuls a decision of the Spanish Competition Authority imposing a fine on several school transport operators in the Balearic Islands for cartel after finding that the Authority had defined the market incorrectly (Autocares Levante)

81

The Audiencia Nacional has partially accepted the appeals brought by several Balearic transport operators, thus quashing a decision of the Spanish Competition Authority (CNMC) which imposed a fine on these companies for implementing a cartel in the market of school transport services. The (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Spanish Competition Authority fines three steel companies for participating in two exchanges of information on the scrap metal purchasing market (Chatarra y Acero)

106

The Spanish Competition Authority (CNMC) has imposed a EUR 24 million fine on three steel companies for constituting two cartels consisting of two exchanges of information between competitors, on the one hand between AG Siderúrgica Balboa, S.A. (BALBOA) and Sidenor Aceros Especiales, (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Spanish Competition Authority fines the public postal operator for abusing its dominant position in the traditional postal services market by applying exclusionary discounts for large customers (CORREOS 3)

61

The Spanish Competition Authority (CNMC) has imposed on Sociedad Estatal Correos y Telégrafos, S.A., S.M.E.(CORREOS), the state-owned postal service provider in Spain, a EUR 32.6 million fine for the implementation of an anticompetitive discount scheme for large business customers. The conduct (...)

Rafael Allendesalazar, Beatriz Sanchez-Ortiz Spain: The Audiencia Nacional considers that the Spanish Competition Authority has not sufficiently explained why participation in rail equipment tenders through a joint venture was not necessary and therefore constituted a form of collusion (Infraestructuras Ferroviarias)

85

The Audiencia Nacional has accepted the appeals brought by four rail equipment companies and several individuals, thus quashing a decision of the Spanish Competition Authority (CNMC) which imposed a fine on these companies and individuals for rigging bids in tenders related to the construction (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority fines seven real estate brokers and associations for imposing minimum fees in the real estate brokerage market (PROPTECH)

97

The Spanish Competition Authority [“CNMC”] has imposed fines amounting to EUR 1.25m on seven real estate brokers for imposing minimum fees in the real estate brokerage market. The CNMC found that these companies had entered into price-fixing and information-sharing agreements thus breaching (...)

Rafael Allendesalazar Spain: The Audiencia Nacional finds that the evidence put forward by the Spanish Competition Authority was too weak to show indications of an anticompetitive agreement or the alleged information exchanges (Delaviuda, Almendra y Miel et al.)

80

The Audiencia Nacional has annulled the fines imposed by a 2016 decision of the Spanish Competition Authority [“CNMC”] which sanctioned six manufacturers and suppliers of Spanish nougat (‘turrón’) (Delaviuda, Almendra y Miel, Sanchís Mira, Turrones Picó, Enrique Garrigós Monerris and Turrones José (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority accepts the commitments offered by an undertaking and closes the infringement proceedings aimed at investigating potential restrictions in the ATM market (EURO 6000)

95

The Spanish Competition Authority [“CNMC”] has closed the infringement proceedings initiated against EURO 6000 for potential ATM network restrictions with commitments (CNMC, decision of 2 November 2021, case S/0034/19 EURO 6000). The termination of infringement proceedings by means of a (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority imposes fines on several companies for manipulating tenders for services of maintenance and management of the Spanish motorway network (Ferrovial servicios)

74

The Spanish Competition Authority [“CNMC”] has imposed fines on 12 public works companies amounting to EUR 61.2 million for constituting a cartel that altered the results of tenders for the maintenance and operation services of the Spanish motorway network, between 2014 and 2018. The CNMC has, (...)

Rafael Allendesalazar Spain: The Audiencia Nacional finds that the Spanish Competition Authority did not infringe the non bis in idem principle when fining state-owned railway company for anticompetitive agreements and abuse of dominant position in the same decision (Renfe)

61

The Audiencia Nacional has dismissed the appeal filed by the state-owned railway operator Renfe against a decision of the Spanish Competition Authority [“CNMC”] as it considered that the two sanctions imposed on the appellant, for infringing Articles 1 and 2 of the Spanish Competition Act (...)

Rafael Allendesalazar Spain: The Audiencia Nacional annuls the fines imposed by the Spanish Competition Authority on several bar associations for issuing price recommendations after concluding that the authority lacked territorial competence to decide on the cases (Bars associations)

55

The Audiencia Nacional has upheld six out of seven appeals against a 2018 decision of the Spanish Competition Authority [“CNMC”], which sanctioned nine bar associations and imposed a total fine of EUR 1.455 million for the elaboration and distribution of legal fee scales, on the basis of an (...)

Rafael Allendesalazar Spain: The Audiencia Nacional confirms Spanish Competition Authority’s findings that three bar associations spread unlawful price recommendations to their members (Las Palmas, Alcalá de Henares and Guadalajara Bar Associations)

57

The Audiencia Nacional has confirmed the decisions adopted by the Spanish Competition Authority [“CNMC”] declaring that various Spanish bar associations had infringed Article 1 of the Spanish Competition Act [“LDC”] through the publication of recommended collective prices (Audiencia Nacional, (...)

Rafael Allendesalazar Spain: The Audiencia Nacional finds that the conduct attributed to the association did not fit into the provisions prohibiting anticompetitive agreements and thus annulled the decision of the Spanish Competition Authority (Asociación de Clubs de Baloncesto)

83

The Audiencia Nacional has accepted the appeal brought by the Spanish Basketball Clubs Association ( Asociación de Clubs de Baloncesto or “ACB”) and has quashed a decision of the Spanish Competition Authority [“CNMC”], to impose a fine on the ACB for implementing agreements which imposed unequal, (...)

Rafael Allendesalazar Spain: The Audiencia Nacional rules that the Spanish Competition Authority must inform the undertakings whether it has previously requested and obtained a judicial authorization (Altadis)

82

The Audiencia Nacional has upheld the appeal brought by several tobacco firms belonging to the Altadis group against the Investigation Order issued by the Competition Directorate [“CD”] of the Spanish Competition Authority [“CNMC”], thus annulling the dawn raid carried out at the premises of these (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority examines several mergers in the funeral services market and narrowly defines geographical markets (Funespaña / Alianza Canaria)

62

The Spanish Competition Authority [“CNMC”] has fined the funeral services company Funespaña, a subsidiary of Mapfre, one of the main insurance group in Spain, for acquiring a local competitor in the Canary Islands (Funeraria Alianza Canaria) without prior notification (CNMC, Decision of 18 May (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority fines several consulting companies for colluding in local public tenders and imposes surprisingly low fines (Consultoras)

65

The Spanish Competition Authority [“CNMC”] has fined 22 consulting services firms and several of their executives for implementing two cartels through two separate collaborative networks, between 2008 and 2018. The CNMC has also initiated proceedings to exclude most of these firms from taking (...)

Rafael Allendesalazar Spain: The Audiencia Nacional rejects several appeals against a decision of the Spanish Competition Authority approving a merger in the telecommunication sector, thus confirming the Spanish Competition Authority’s ample discretion in setting sufficient conditions (Telefonica)

73

The Audiencia Nacional has rejected the appeals brought by 7 telecommunications and television operators against a decision of the Spanish Competition Authority [“CNMC”] of 2015 which approved the acquisition by Telefonica of the exclusive control of Distribuidora de Televisión Digital [“DTS”], (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority closes two investigations with commitments (“terminación convencional”): firstly, an investigation into the market for the provision of dental services and, secondly, an investigation in the market for the hiring of mooring and casting-off workers in the Port of Algeciras (Servicios odontológicos, Amarres Puerto de Algeciras)

114

In June 2019, following complaints filed by two dental chains—Dentoestetic Centro de Salud y Estética Dental (DENTIX) and Dental Global Management (iDENTAL)—the CNMC opened an investigation in order to determine whether, as a result of the growth of low-cost dental care clinics as alternatives to (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority fines the two main suppliers of PET radiopharmaceuticals, in particular, 18F-FDG, a drug used in radiodiagnosis by positron emission tomography, as well as two of their managers, for sharing the market for supply contracts for this drug for at least four years (Radiofármacos)

105

Radiopharmaceuticals are commonly used in nuclear medicine for detecting and monitoring diseases such as cancer. Currently, Advanced Accelerator Applications Ibérica (AAA) and Curium Pharma Spain, are the sole companies with sufficient capacity and means to provide hospitals throughout Spain (...)

Rafael Allendesalazar Spain: The Audiencia Nacional accepts the appeals lodged by several cement and concrete operators against a Spanish Competition Authority decision, quashing the decision and the fines imposed on them insofar as the Spanish Competition Authority did not provide enough evidence of a cartel (Cement cartel)

101

In September 2016, the Spanish competition authority (CNMC) sanctioned 23 companies operating in the cement and concrete manufacturing and sales sector for four different infringements of Article 1 of the Spanish Competition Act constituting a cartel. In the concrete market, the CNMC (...)

Paloma Martínez-Lage Sobredo, Rafael Allendesalazar Spain: The Spanish Supreme Court confirms the appropriateness of a “crossed” test, complementary to the “as efficient competitor” test, to determine the foreclosure effects of an alleged margin squeeze in cases of collective dominance (BT / CNMC, Telefónica, Vodafone, Orange)

358

By Judgment of 9 October 2018, issued in appeal n° 4509/2017, the Supreme Court has confirmed the Judgment of 27 May 2017 of the Audiencia Nacional (appeal nº 263/16) which decided on the appeal by British Telecommunications, PLC and BT España Compañía De Servicios Globales De Telecomunicaciones, (...)

Paloma Martínez-Lage Sobredo, Rafael Allendesalazar Spain: The Spanish Supreme Court annuls an unannounced inspection carried out by the Spanish Competition Authority, as the agents refused to reveal whether they held a judicial authorization, thus breaching the principles of loyalty, good faith and transparency required from the Administration and the undertakings during dawn raids, and introducing a flaw which annuls the consent obtained from the undertaking concerned (Repsol)

240

In a Judgement of 17 September 2018 (appeal n° 2922/2016), the Spanish Supreme Court has overturned the Judgement of 21 July 2016 of the Audiencia Nacional (appeal n° 482/2013) which had dismissed the appeal lodged by Repsol, S.A. against the decision of the former Spanish competition authority (...)

Paloma Martínez-Lage Sobredo, Rafael Allendesalazar Spain: The Commercial Court of Barcelona grants damages to three entities in several follow-on claims based on a 2013 cartel decision from the Spanish Competition Authority (Misiones Salesianas / ADVEO ; CIFDSA / ADVEO ; Mutua Madrileña Automovilista / ADVEO)

380

In March 2013 the Spanish Competition Authority (the “CNMC”) fined several paper envelope manufacturers for a single continuous infringement of Articles 101 TFEU and 1 of the Spanish Competition Act from 1977 to 2010 consisting of (i) price fixing and market sharing agreements regarding envelopes (...)

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)

219

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”) (...)

Paloma Martínez-Lage Sobredo, Rafael Allendesalazar Spain: The Spanish Competition Authority fines five media agencies for an information exchange with the aim of sharing the market of public tenders for advertising (Media agencies)

141

By decision of 7 May 2018 adopted in Case S/0584/16, Media Agencies, the Spanish competition authority (hereinafter ’CNMC’) imposed a fine on the agencies Carat España SAU, Inteligencia y Media, Media Sapiens Spain SL and Persuade Comunicación SA of fines totalling approximately EUR 7 million for (...)

Paloma Martínez-Lage Sobredo, Rafael Allendesalazar Spain: The Spanish Supreme Court reimposes a fine imposed by the Competition Authority on an association in the tangerine sector (Club de variedades vegetales protegidas)

153

By decision of 4 July 2013, the Spanish Competition Authority (hereinafter ’CNMC’) imposed on the association Club de variedades vegetales protegidas (hereinafter ’CVVP’) a penalty of EUR 4 974 027 for an infringement of Article 1 of the Law on the Defence of Competition (hereinafter ’LDC’) and of (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority fines four banks for fixing prices of interest rates of financial derivative instruments (Caixabank / Banco Santander / Banco Sabadell / BBVA)

339

By decision of 13 February 2018 adopted in Case S/DC/0579/16, Financial Derivatives Instruments, the Spanish Competition Authority (hereinafter ’CNMC’) fined the banks Caixabank, Banco Santander, Banco Sabadell and BBVA a total of EUR 91 million for a very serious infringement of Article 1 of the (...)

Rafael Allendesalazar Spain: The Spanish Competition Authority imposes commitments on the main owners of football TV rights in Spain, putting an end to competition concerns on the market of wholesale marketing of premium TV channels (Mediapro Fútbol)

381

By decision of 7 February 2018 adopted in Case S/DC/0604/17, Mediapro Fútbol, the Spanish Competition Authority (hereinafter ’CNMC’) imposed on Mediaproducción, S.L. (hereinafter ’Mediapro’), the main holder and manager of football rights in Spain, certain commitments in order to terminate (...)

Rafael Allendesalazar Spain: The Spanish Supreme Court confirms the annulment of the Spanish Competition Authority’s decision which fined the public postal operator for an abuse of dominant position (margin squeeze) (Correos)

261

By a judgment of 5 February 2018, the Spanish Supreme Court confirmed the judgment of the Audiencia Nacional of 1 July 2015 (Case No 118/2014) which annulled the decision of the Competition Authority (hereinafter "CNMC") of 21 January 2014 (Case S/0373/11, Correos 2) which had sanctioned (...)

Rafael Allendesalazar Spain: The Audiencia Nacional annuls a Spanish Competition Authority’s decision which sanctioned a cartel in the waste management and urban sanitation sector (Recuperaciones Antonio Pérez Andreu e Hijos)

141

By judgment of 28 December 2017 in Case No 93/2015 (one of a long list of judgments delivered on the same day, as well as other judgments delivered in January and February 2018), the Audiencia Nacional annulled the decision of the Spanish Competition Authority (hereinafter ’CNMC’) of 8 January (...)

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