Clara García Fernández

Gomez Acebo & Pombo (Brussels)
Lawyer (Associate)

Clara García Fernández is an Associate at Gomez-Acebo & Pombo. She holds a BA and a MA in Law from the University of Oviedo and she holds an LLM in international and European Law from the Vrije Universiteit Brussel. She speaks Spanish, English, French, and Portuguese.

Linked authors

Gomez Acebo & Pombo (Brussels)
Gomez Acebo & Pombo (Brussels)

Articles

6380 Bulletin

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission fines a company €28 million for partial gun-jumping in the imaging and optical products market (Canon / Toshiba Medical Systems)

24

The European Commission has fined Canon, the Japan-based imaging and optical products company, €28 million for its failure to fully respect notification and standstill obligations in the acquisition of Toshiba Medical Systems Corporation (“TMSC”). EU merger rules require that merging companies (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission opens investigation and sends statements of objections on interim measures in TV and modem chipsets markets (Broadcom)

265

The Commission has opened an investigation into Broadcom’s commercial practices over a number of competition concerns. Broadcom is one of the world’s largest designers, developers and providers of key components of wired communication devices and is a global leader in the markets of (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority seeks a preliminary ruling on the framework agreement for the dock work sector

228

In Spain, the dock work sector has been traditionally regulated by Royal Decree 2/1986. This Decree provided special sectorial rules, including the obligation to hire workers from the port docker management limited companies (“Sociedades Anónimas de Gestión de Estibadores Portuarios” or “SAGEP”) (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority investigates a possible infringement of merger commitments in the telecom sector (Telefónica)

140

In 2015, the CNMC approved the acquisition of DTS by Telefónica, subject to a series of commitments relating to the pay television market. Telefónica undertook, inter alia, to make available 100% of its premium channels to third-party operators under conditions which would allow them to (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority fines a collecting company for abuse of dominant position in the management and exploitation of IP rights (SGAE)

93

The CNMC has fined SGAE (“Sociedad General de Autores y Editores”) with EUR 2.95 million for abusing its dominant position in the market of management and exploitation of musical and audio-visual intellectual property rights. The CNMC investigation started in 2017, following several complaints. (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Supreme Court confirms the Spanish Competition Authority decision fining a company for agreements and exchange of strategic information on the prices (Repsol)

61

The Spanish Supreme Court has confirmed the penalty against Repsol for anticompetitive practices consisting in agreements and exchange of strategic information on the prices of fuel in Spain. In the judgement, the Supreme Court has upheld the claims of the State Attorney (central government (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU General Court annuls the Commission decision ordering Spain to recover € 18 million of incompatible State aid (Real Madrid)

396

On 22 May 2019, the General Court rendered its judgment on the action for annulment filed by Real Madrid against the Commission Decision of 4 July 2018 that (i) declared that the football club had been granted incompatible State aid worth EUR 18 million; and (ii) ordered Spain to recover this (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission fines a company for abusing its dominant position on the Belgian market by restricting cheaper imports of beer from the Netherlands into Belgium (AB InBev)

133

The Commission has imposed a fine on AB Inveb for abusing its dominant position on the Belgian market by restricting cheaper imports of Jupiler beer from the Netherlands into Belgium AB Inveb is the largest beer brewer in the world. In Belgium, AB Inveb’s most popular beer is Jupiler, (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU General Court annuls Commission’s state aid decision concerning Spanish tax regime (Athletic Club)

228

In 2016, the Commission adopted a decision declaring that four Spanish professional football clubs (i.e., Fútbol Club Barcelona, Club Atlético Osasuna, Athletic Club and Real Madrid Club de Fútbol) had received incompatible state aid in the form of corporate tax privileges. As a consequence, Spain (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission sends statement of objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)

250

On 22 February 2019, the Commission addressed an SoO to Telefónica Deutschland (“Telefónica”) detailing its concerns that the company may have breached one of the commitments linked to the Commission’s clearance of its acquisition of E-Plus in 2014. In particular, back then, Telefónica committed to (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission prohibits a merger in the market for railway signalling and very high-speed trains (Siemens / Alstom)

132

On 6 February 2019, the Commission adopted a prohibition decision against Siemens’ proposed acquisition of Alstom, which aimed at combining the parties transport equipment and service activities. This decision was based on the Commission’s finding that the transaction at issue would (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Court of Justice Advocate General Juliane Kokott recommends that the EU Damages Directive not apply to proceedings that begun in a Member State before the transposition of the Directive (Cogeco / Sport TV Portugal)

239

Following the decision of the Portuguese Competition Authority finding that Sport TV had engaged in an abuse of dominance between 2006 and 2011, in February 2015, Cogeco, a Canadian cable company, brought an action for damages against Sport TV Portugal . Cogeco claimed that the EU Damages (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The President of the EU General Court rejects an application to prevent publication of a Commission decision (EURIBOR Cartel)

290

On 7 December 2016, the European Commission adopted a decision whereby it fined Crédit agricole, JP Morgan Chase and another bank EUR 485 million for participating in the so-called EURIBOR cartel. The investigation of the Commission revealed that the banks in question had colluded on certain (...)

Clara García Fernández, Miguel Troncoso Ferrer The Spanish Competition Authority fines a company for an abuse of dominance in the cemetery services market (Cementerios de Leganés)

18

Background In December 1996, Servicios Funerarios Funemadrid, S.A. (“FUNEMADRID”) was granted with the concession to build and exploit the public municipal cemetery of Leganés, a city located in the Region of Madrid, for a 49-year period. The concession contract established that FUNEMADRID would (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission addresses a statement of objections to a Slovak rail company for alleged obstruction of an investigation (ZSSK)

174

In June 2016, the Commission dawn raided the premises of ZSSK, the Slovak incumbent rail operator. The dawn raids followed concerns that ZSSK may have entered into anticompetitive agreements with the aim of foreclosing the market of rail passenger transport to its competitors, in breach of (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority fines six cargo handling companies and five trade unions for entering into anticompetitive agreements (Port of Vigo)

354

Six cargo handling companies and five trade unions have been fined by the Spanish Competition Authority (“CNMC”) for concluding agreements that restricted competition in the Port of Vigo (Spain), increased prices and decreased competitiveness. The fines amount to EUR 3 million for the cargo (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU General Court finds that the Commission must re-assess companies request to waive their pricing commitments (Lufthansa)

359

In 2005, the European Commission cleared the planned acquisition of Swiss by Lufthansa subject to a a number of commitments, which included conditions on fares with regard to the Zurich-Stockholm and Zurich-Warsaw routes. On 4 November 2013, Lufthansa and Swiss submitted a request for a (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority fines five companies and three of their executives for an information exchange to collude in tenders for the award of institutional advertising contracts (Carat España / Inteligencia y Media / Media by Design / Media Sapiens / Persuade Comunicación)

259

Five companies (Carat España SAU, Inteligencia y Media SA, Media by Design Spain SA, Media Sapiens Spain SL and Persuade Comunicación) have been sanctioned for a collusive behaviour consisting in the exchange of commercially sensitive information in order to share tenders in the Framework (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission confirms that its officials carried out unannounced inspections in several Member States at the premises of metal packaging companies (Metal packaging sector)

196

On 24 April 2018, the European Commission carried out unannounced inspections at the premises of a number of companies active in metal packaging in several Member States. The Commission was accompanied by officials of the relevant national authorities. The investigation follows concerns about (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority fines 9 bar associations for issuing a collective price recommendation regarding lawyers’ professional fees (Bankia)

281

The Spanish Competition Authority (“CNMC”) has fined 9 bar associations EUR 1.4 million for issuing a collective price recommendation regarding lawyers’ professional fees. The case was triggered by a complaint filed by Bankia as a consequence of the numerous claims filed by the bank’s (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y paqueteria empresarial)

234

The Spanish Competition Authority (“CNMC”) has fined ten courier and parcel companies EUR 68 million for participating in a customer-allocation cartel, namely, Correos Express, UPS, TNT, DHL, Touline, RedySer, FEDEX, ICS and MBE. The CNMC has found that some of the companies entered into oral (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Commission fines two maritime car carriers and four car parts suppliers EUR 546 million in three separate cartel settlements (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)

780

Four maritime car carriers, two suppliers of spark plugs and two suppliers of braking systems have been fined EUR 395 million, EUR 76 million and EUR 75 million respectively, in the framework of three separate cartel settlement decisions adopted by the European Commission. With regard to the (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU General Court reverses the suspension of the recovery order addressed to Spain in relation to a State aid granted to an energy company (Iberdrola)

210

On 15 October 2014, the Commission found that Spanish tax breaks for indirect shareholding in foreign companies breached EU State Aid rules. The measures were in force since 2001 and, in practical terms, allowed companies subject to tax in Spain to purchase shareholding of at least 5% in (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The Spanish Competition Authority fines four banks for colluding to offer interest rate derivatives at conditions different to those agreed with the clients (Banco Santander / Banco Sabadell / BBVA / Caixabank)

39

The CNMC has imposed a EUR 91 million fine to Banco Santander, Banco Sabadell, BBVA and Caixabank for colluding to offer interest rate derivatives at different conditions from those agreed with the clients concerned. The derivatives in question were used to cover the risks of the interest rate (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU General Court upholds a Commission’s decision ordering the recovery of an illegal State aid (Brussels South Charleroi Airport)

214

The General Court of the EU has dismissed the appeal filed by Brussels South Charleroi Airport (“BSCA”) against a 2014 Commission decision whereby Belgium was ordered to recover illegal State aid granted to BSCA. In its decision, the Commission found that a series of measures adopted by the (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo Advocate General Wahl excludes gun-jumping in a case involving a takeover in the auditing sector (Ernst & Young)

289

Gun-jumping rules prevent companies, subject to the obligation to notify, from completing a merger or acquisition, in whole or in part, prior to obtaining the approval from the relevant Competition Authorities. In May 2014, Ernst & Young (EY) acquisition of KPMG’s Danish unit was approved (...)

Clara García Fernández, Miguel Troncoso Ferrer, Sara Moya Izquierdo The EU Court of Justice receives the first preliminary ruling request on the applicability of the EU Damages Directive (Cogeco / Sport TV Portugal)

234

A Portuguese court (Tribunal Judicial da Comarca de Lisboa) has referred the first preliminary ruling request on Directive 2014/104 ("the EU Damages Directive") to the Court of Justice of the EU. The reference of the case is C-637/17. The main question referred by the Portuguese court aims at (...)

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