The Spanish National Court annuls the CNC decision to incorporate evidence gathered at the inspection to the case file of a new investigation powers of investigation (Montesa Honda)

On December 4, 2012, the Spanish National Court (Audiencia Nacional) annulled the decision of the Spanish competition authority (formerly called Comisión Nacional de la Competencia or “CNC”, now called Comisión Nacional de los Mercados y de la Competencia or “CNMC”) to incorporate evidence gathered at the inspection of the S/0154/09 MONTESA HONDA investigation to the case file of a new investigation, the S/0280/10 SUZUKI-HONDA case, considering that such evidence related to a conduct that was not included in the object of the inspection order. Background On December 17, 2009, the Directorate of Investigation of the CNC dawn raided the premises of Montesa Honda, S.A. (“Montesa Honda”) on the basis of an administrative inspection order that established the following object for the inspection:

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Cani Fernández, Irene Moreno-Tapia, Javier Arana Rodríguez, The Spanish National Court annuls the CNC decision to incorporate evidence gathered at the inspection to the case file of a new investigation powers of investigation (Montesa Honda), 4 December 2012, e-Competitions Bulletin December 2012, Art. N° 57308

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