The Spanish antitrust system is too dependent on administrative enforcement and has not managed to create a true tradition of private antitrust litigation. One reason for this failure might be a cultural one. Spanish companies litigate less that, for instance, US companies. This might be due to the fact that Spanish courts have been traditionally reluctant to grant damages based on loss of profit. A second reason is the lack of a well established class-action system. However there is a more straightforward explanation for the scarcity of damages claims based on antitrust violations. Article 13(2) of the Spanish Competition Act of 1989 [1] made
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A Spanish Court of Appeal orders for the first time ever compensation of damages suffered as a result of antitrust violation (Hidroeléctrica de l’Empordá)
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