Carlos Vérgez Muñoz

CMS Albiñana y Suárez de Lezo (Madrid)
Lawyer (Partner)

Carlos holds a Law degree (with specialization on economics) from the Deusto University (1998), a Diploma on EU Law from the Catholic University of Leuven (1998 – Erasmus scholarship), a Masters in EU Political Integration from the University of the Basque Country (2000), and an LL.M. in Antitrust and European Legal Studies from the College of Europe, Bruges (2001). Carlos joined CMS Albiñana & Suárez de Lezo as Antitrust Partner in June 2018. Previously, he was Head of Antitrust at Broseta Abogados, and Senior associate with the Antitrust Departments of Clifford Chance (2006-2017) and Garrigues, Abogados y Asesores Tributarios (2004-2006) and as associate with the Competition Law and Corporate Departments of Uría Menéndez at the Brussels and Madrid offices, respectively (2001-2003). He is a frequent speaker at courses and seminars on EU and Spanish competition law and has also authored several competition law publications and is co-author of the first treatise on the Spanish Competition Act and its Implementing Regulation.

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CMS Albiñana y Suárez de Lezo (Madrid)


1004 Bulletin

Carlos Vérgez Muñoz, Aida Oviedo Martínez The Spanish Supreme Court recognises the investigated companies’ rights of opposition to dawn raids in an energy sector case (Repsol)


On 17 September 2018, the Spanish Supreme Court reinforced the necessary requirements for the Spanish Competition Authority (“CNMC”) to carry out competition dawn raids by recognizing the investigated companies’ “right of opposition” to inspections when the inspectors refuse to inform them of the (...)

Aida Oviedo Martínez, Carlos Vérgez Muñoz The High Court of Spain annuls a decision of the Competition Authority that had validated an investigation order to carry out inspections in a company in the automotive industry (Spanish Competition Authority / Faurencia Automotive)


THE SPANISH HIGH COURT REINFORCES THE REQUIREMENTS TO ISSUE INSPECTION ORDERS BY THE SPANISH COMPETITION AUTHORITY On 25 July 2018, the High Court (Audiencia Nacional) adopted a ruling by which it annulled a decision of the Spanish Competition Authority (Comisión Nacional de los Mercados y la (...)

Carlos Vérgez Muñoz The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL)


Between June and July 2018, the Spanish Supreme Court has granted leave to proceed to several appeals in competition law cases by means of Orders that recognised the special cassation relevance of the ‘fortuitous discovery’ doctrine. In these appeals, the Supreme Court will analyse the substance (...)

Carlos Vérgez Muñoz The EU Court of Justice confirms that related undertakings are not obliged to disclose links between them to the public contracting authority, and that they can submit non-concerted offers to the same bid (Šiauliai)


In a preliminary ruling dated 17 May 2018, the European Court of Justice (“ECJ”) considered that related companies are not obliged to disclose links between them when submitting separate offers for public procurement contracts. However, the contracting authority will be obliged to verify that (...)

Carlos Vérgez Muñoz The EU Court of Justice rules the prohibition on selling at a loss laid down by Spanish legislation relating to retail commerce contrary to EU law (Europamur Alimentación)


In the context of a preliminary ruling, the European Court of Justice (“ECJ”) concluded, through judgement of 19 October 2017 (Case C-295/16, Europamur Alimentación, S.A.), that the prohibition on selling at a loss (or sale at a loss) stated in Article 14 of Law 7/1996, regulating retail commerce (...)

Carlos Vérgez Muñoz The Spanish Competition Authority declares exempt retail price maintenance practices by a cosmetics laboratory on the basis of the de minimis theory (Laboratorio Martí Tor)


The Spanish Competition Authority (“SCA”) has considered in a decision dated 15 December 2016 that certain retail price maintenance (“RPM”) practices carried out by cosmetic laboratory Martí Tor was not capable of significantly affecting competition, and thereby, of infringing Article 1 of the (...)

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