The Spanish Supreme Court passes an important judgment concerning the violation of the right to rely on all relevant evidence in an antitrust case (SOS Cuetara)

Introduction On 10 December 2009, the Spanish Supreme Court (Tribunal Supremo) passed an important judgment concerning the limits of the notion of due process under Spanish law. In particular, the Supreme Court shed some light on the consequences of the violation of the right to rely on all relevant evidence in an antitrust case. In doing so, the Supreme Court was highly critical of the way that the Spanish Competition Authority (formerly the Tribunal de Defensa de la Competencia prior to the entry into force of the new Competition Act) had rejected requests from a company under investigation to take into account certain evidence in order to contest that on which the Statement of Objections was based. Background On 21 June 2007, the Spanish Competition Authority found that Sos

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Aitor Montesa Lloreda, Angel Givaja Sanz, The Spanish Supreme Court passes an important judgment concerning the violation of the right to rely on all relevant evidence in an antitrust case (SOS Cuetara), 10 December 2009, e-Competitions December 2009, Art. N° 30800

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