Ashurst (Madrid)

Rafael Baena

Ashurst (Madrid)
Partner

Rafael Baena is a partner in the competition practice Rafael practices all competition law aspects with special attention to merger control, abuse of dominance, cartels, competition in regulated sectors (electricity, air transport, etc.), litigation work and competition law in Latin America. Rafael has headed the department since 2010, was recognized as one of the most important Spanish lawyers under the age of forty, in the 40 under Forty Awards –2013 edition- organised by the publication Iberian Lawyer. Rafael is very active in the Spanish Association of Competition Law professionals (Asociación Española de Defensa de la Competencia) actively participating as a speaker in many Competition Law events. Some of his key clients are Hewlett-Packard Enterprise, Hewlett-Packard Inc., Hyundai, NH Hoteles and Grupo IFA.

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Articles

1738 Bulletin

Rafael Baena, Javier Torrecilla Pérez The Spanish Competition Authority fines the national kennel club for abusing its dominant position by hindering the expansion of rivals through, inter alia, imposing high switching costs (Royal Canine Society of Spain)

60

On 26 May 2022, the CNMC fined the Royal Canine Society of Spain ("RSCE") almost EUR 143,000 for abusing its dominant position in several markets related to purebred dogs by hindering the activity of rival associations and discriminating against canine judges. The CNMC launched its (...)

Rafael Baena, Javier Torrecilla Pérez The Spanish Competition Authority clears a merger between two funeral services insurance companies after a Phase II investigation subject to conditions (Santa Lucía / Funespaña)

141

On 7 September 2021, the Spanish Competition Authority ("CNMC") cleared, subject to commitments and conditions, the acquisition by Santa Lucía of exclusive control of almost all assets of Mapfre Group subsidiary Funespaña. The transaction affects the funeral services and funeral planning sectors. (...)

Rafael Baena The Spanish Competition Authority fines participants of a bid-rigging cartel in the supply of radiopharmaceuticals to hospitals (Advanced Accelerator Applications Ibérica / Curium Pharma Spain)

222

The Spanish Competition Authority ("CNMC") has fined Advanced Accelerator Applications Ibérica, S.L.U. ("AAA") and Curium Pharma Spain, S.A. ("CURIUM") as well as two directors of those companies for an infringement of the Spanish Competition Act ("SCA"), constituting a bid-rigging cartel for (...)

Rafael Baena The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision to fine a cartel of trucks manufacturers (Iveco / Trucks cartel)

149

On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

Pablo Velasco, Rafael Baena The Spanish Competition Authority imposes fines totaling €610K on an electric company for bid-rigging in the market for supply and maintenance of weather radars (AEMET)

496

The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

Rafael Baena, Javier Torrecilla Pérez, Pablo Velasco The Spanish Competition Authority accepts commitments offered by a sports manufacturer and retailer following a complaint on the imposition of restrictions in the distribution network (Adidas / LDC)

110

The CNMC has accepted commitments offered by Adidas Spain ("Adidas") and closed the investigation that had been initiated in November 2018, following a complaint lodged by BCINCOPE (an Adidas franchisee), for an alleged infringement of articles 1 SCA and 101 TFEU in the Spanish retail market (...)

Rafael Baena, Pablo Velasco, Javier Torrecilla Pérez The Spanish Competition Authority fines €77.1 million two companies for developing commercial policies to consolidate their position in the marketing of television advertising sector (Mediaset / Atresmedia)

76

On 13 November 2019, the Spanish Competition Authority ("CNMC") announced that it had fined Mediaset and Atresmedia €77.1 million in total for antitrust practices in the marketing of television advertising. Both companies have been required to cease their behaviour and adapt their commercial and (...)

Pablo Velasco, Javier Torrecilla Pérez, Rafael Baena The Spanish Competition Authority fines 19 assembly and maintenance companies operating in the energy and petrochemical sectors €54.2 million and also fines 8 directors €0.28 million for big-rigging (Montaje Y Mantenimiento Industrial)

26

The Spanish Competition Authority ("CNMC") has fined 19 assembly and maintenance companies operating in the energy and petrochemical sectors €54.2 million, and fined 8 directors €0.28 million, for big-rigging practices following a leniency application submitted by one of the companies. WHAT YOU (...)

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