The Spanish Supreme Court annuls the Competition Authority’s decision on predatory pricing on substantive grounds (Tabacos Canarias)

The Spanish Supreme Court (Tribunal Supremo) reviewed the judgment of the Audiencia Nacional endorsing the decision issued by the Court for the Defence of Competition (“CDC”) of 16 February 1999, in the “Tabaco Canarias” case. The CDC's Decision considered Tabacalera, S.A. (“Tabacalera”) liable for an abuse of dominant position when selling some types of cigars (known as “Farias”) between 1990 and 1993. The CDC held that Tabacalera sold cigars under the brand “Farias” incurring in losses at a price below average production and commercialisation costs constituting a breach of article 6 of the Spanish Competition

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Henar González Durántez, The Spanish Supreme Court annuls the Competition Authority’s decision on predatory pricing on substantive grounds (Tabacos Canarias), 13 December 2004, e-Competitions December 2004, Art. N° 14760

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