Paloma Martínez-Lage Sobredo

Martinez Lage, Allendesalazar & Brokelmann (Madrid)
Lawyer (Partner)

Paloma Martínez-Lage is a Partner at Martínez Lage, Allendesalazar & Brokelmann in Madrid, where she specialises in EU and Spanish competition law. She graduated in Law from the University San Pablo-CEU in Madrid (1997), where she obtained a certificate of specialisation in Business Administration (1998). She holds an LL.M degree in European Community Law from the Université Libre de Bruxelles (1999, Grand Distinction). Her practice covers abuses of dominant position, anti-competitive agreements, merger control issues and state aid rules, as well as follow-on damages claims, with a particular focus on sectors such as telecommunications and energy. Paloma has previously worked as an in-house lawyer in the Corporate Legal and Regulatory Affairs Department of a mobile operator in Spain.

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Martinez Lage, Allendesalazar & Brokelmann (Madrid)

Articles

11831 Bulletin

Paloma Martínez-Lage Sobredo The Spanish Court for the Defence of Competition significantly reduces the fine imposed on a local association of driving schools for issuing a collective recommendation on prices (Autoescuelas Alcalá)

3652

The decision of the competition authority On 9 March 2000, the Tribunal de Defensa de la Competencia (TDC) -the second-tier competition authority that existed in Spain under Act 16/1989 and that has been replaced since September 1st 2007 by a single body, the National Competition Commission- (...)

Paloma Martínez-Lage Sobredo The Spanish Supreme Court confirms abuse of dominant position by the telecom incumbent consisting of a refusal to supply lines to 3C Communications (Teléfonos en Aeropuertos / Telefónica de España)

2155

Introduction On 6 March 2003, the Spanish Supreme Court (the Tribunal Supremo, TS) confirmed a judgement of the Spanish National Court (the Audiencia Nacional, AN) which upheld a decision of 1 February 1995 by the Spanish competition authority (the Tribunal de Defensa de la Competencia, TDC (...)

8441 Review

Paloma Martínez-Lage Sobredo Spain: The Audiencia Nacional annuls the fine imposed by the Spanish competition authority on a car dealer because the decision did not contain sufficient evidence on the participation and liability of the undertaking, thus making judicial review difficult (Chevrolet dealerships)

24

In 2016, the Spanish competition authority (CNMC) fined seven Chevrolet car dealers and a consultancy firm for exchanging commercially sensitive information and fixing prices between January 2011 and January 2012 (Decision of the CNMC of 28 April 2016, case S/DC/0505/14 Concesionarios (...)

Paloma Martínez-Lage Sobredo Spain: The Spanish Supreme Court confirms that undertakings not active in the market affected by the cartel can be part of the infringement (Textil Planas Oliveras)

56

The Spanish Supreme Court has overturned a judgment of the Audiencia Nacional, finding that the decision of the Spanish Competition Authority (“CNMC”) did not err in sanctioning a company that participated in the infringement actively and knowingly, even though it does not compete in the affected (...)

Paloma Martínez-Lage Sobredo Spain: The Audiencia Nacional annuls the fine imposed by the Spanish Competition Authority on the national refrigerated road transport association due to the lack of evidence of participation in the conduct after 2008 (ATFRIE)

64

In 2015, the Spanish competition authority (CNMC) fined ATFRIE and 12 refrigerated transport companies for colluding to fix prices in the refrigerated road transport sector in Spain from April 1993 to December 2012 (Decision of the CNMC of 25 June 2015, case S/0454/12, Transporte frigorífico). (...)

Paloma Martínez-Lage Sobredo Spain: The Audiencia Provincial of Barcelona partially upholds the appeal lodged by three envelopes manufacturers against eight first instance judgments which awarded damages in follow-on claims based on the envelope cartel decision of the Spanish Competition Authority (Planeta, Misiones Salesianas, Bankoa...)

81

The Audiencia Provincial of Barcelona has partially overturned eight judgments of two sections of the Juzgado de lo Mercantil of Barcelona which had awarded damages to several claimants in follow-on actions based on the Spanish envelope cartel case. The Audiencia Provincial partially accepts (...)

Paloma Martínez-Lage Sobredo Spain: The Audiencia Provincial of Madrid overturns the first instance judgments which granted damages quantified by the claimants and grants damages but based on the lower alternative quantification contained in a defendant’s expert report (Cámara de Comercio, Obras Misionales Pontificias)

92

The Audiencia Provincial of Madrid has overturned two judgments of two different Commercial Courts of Madrid which had dismissed the follow-on claims brought by alleged victims of the envelope cartel. The first instance courts had found that the claimants and their expert reports did not (...)

Paloma Martínez-Lage Sobredo Spain: The Audiencia Provincial of Valencia grants in second instance 5% compensation for damages in a follow-on action based on the European Commission Decision in the truck cartel case (CNH Industrial NV)

176

The Audiencia Provincial of Valencia has partially upheld a first instance judgment awarding damages equivalent to 5% of the purchase price of the truck (totalling 3,985 euros) and quashed the judgment just in respect of the interests, finding that they should have been added from the purchase (...)

Paloma Martínez-Lage Sobredo Spain: The Audiencia Provincial of Barcelona reduces the amount to be paid to a collecting society, finding that the fees requested from a concert promoter were abusive based on an earlier decision of the Spanish Competition Authority (SGAE)

90

The Audiencia Provincial of Barcelona has partially quashed the judgment of a Juzgado Mercantil of Barcelona which awarded collecting society SGAE € 115,398 corresponding to unpaid IP rights. The Audiencia Provincial found that the amount claimed by SGAE was inflated due to the application of (...)

Paloma Martínez-Lage Sobredo Spain: The Audiencia Nacional grants the interim suspension of a decision of the Spanish Competition Authority regarding the exclusion from tenders of public contractors fined for market-sharing agreements (EYM Instalaciones)

128

In a Decision of 14 March 2019 (case S/DC/0598/2016, Railway electrification and electromechanics), the Spanish Competition Authority (CNMC) decided for the first time to activate the prohibition to participate in public tenders, foreseen in the Spanish Public Procurement Act (Act 9/2017), for (...)

Paloma Martínez-Lage Sobredo Spain: The Spanish Supreme Court finds that the joint proposal, submitted by several cotton ginning companies to the public administration, to include in a Royal Decree a limitation of the subsidies to certain companies does not breach competition rules, insofar as there is no sign of fraud or deceit in the information submitted to the authorities (Eurosemillas, Algodonera del Sur, Agrupación Española de Desmotadora de Algodón)

161

In three recently issued judgments the Spanish Supreme Court reduced the fines imposed by the Spanish Competition Authority (CNMC) on eight undertakings active in the cotton ginning sector after excluding from the single and continuous infringement the conduct consisting of market foreclosure (...)

Paloma Martínez-Lage Sobredo Spain: The Spanish Commercial Court of Bilbao grants damages equivalent to 15% of the purchase price in a follow-on claim based on the European Commission decision in the truck cartel case (CNH Industrial NV, Iveco)

160

Based on the European Commission Decision in the truck cartel case (Case AT.39824 — Trucks), a Commercial Court of Bilbao has awarded damages to an unnamed claimant who had bought 17 trucks in the period of the cartel from CNH INDUSTRIAL NV and IVECO S.P.A. which were among the companies fined (...)

Paloma Martínez-Lage Sobredo Spain: The Spanish Supreme Court confirms an extensive interpretation of the concept of “governing body” of an infringing legal person and finds no breach of fundamental rights in publishing the names of the managers fined in a decision of the competition authority (Mr. Cesar; Mr. Daniel)

121

In two recently issued judgments the Spanish Supreme Court upheld two judgments of the Audiencia Nacional confirming the fines imposed by a decision of the Spanish Competition Authority (“CNMC”) on two managers in a case regarding anticompetitive agreements in the market for railway turnouts. In (...)

Paloma Martínez-Lage Sobredo Spain: The Supreme Court states that its “incidental finding” doctrine is not applicable when the inspection order is too vague (S. Solis, Hijos de Demetrio Fernández, Unión de Empresas de Recuperación)

223

The Spanish Supreme Court has annulled three paper waste cartel fines because the “incidental finding” doctrine was not applicable to the evidence that led to the initiation of proceedings and which was found in the inspections carried out in a different investigation. In November 2014 the (...)

Paloma Martínez-Lage Sobredo Spain: The Commercial Court of Valencia grants damages in a follow-on claim based on the decision of the European Commission in the truck cartel case (Mr. Octavio / MAN España)

389

In one of the first rulings in Spain awarding damages based on the European Commission Decision in the truck cartel case (Case AT.39824 — Trucks), a judgment of 20 February 2019 of a Commercial Court in Valencia (Juzgado de lo Mercantil nº 3 de Valencia) found in favor of the claimant, an (...)

Paloma Martínez-Lage Sobredo Spain: The Spanish Supreme Court confirms the right to be heard when there is a change in the legal qualification of the facts at the end of the infringement procedure, but only in case the change can result in the companies being otherwise defenseless (Maderas José Sainz)

169

In five judgments issued in December 2018 and published in the first quarter of 2019, the Spanish Supreme Court confirmed the judgments of the Audiencia Nacional quashing the CNMC Wooden Pallets cartel decision. In September 2014 the Spanish Competition Authority (the “CNMC”) had fined 24 wooden (...)

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)

290

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)

206

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)

221

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)

152

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)

120

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)

106

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 (...)

Paloma Martínez-Lage Sobredo Spain’s New Competition Act

5324

Une nouvelle Loi de la concurrence entrera en vigueur en Espagne le 1er septembre 2007. Cette nouvelle Loi comporte une importante réforme du régime espagnol de la concurrence, en le rapprochant davantage au Droit communautaire. Le système d’autorisation individuelle des accords est remplacé par un (...)

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