The Spanish Supreme Court clarifies the course of action to be sought for the review of changing circumstances (McLane España / Dirección General de Defensa de la Competencia)

Introduction In the context of determining the appropriate remedies to be applied for an abuse of dominant position, the Spanish Supreme Court faced the question of how to tackle the lapse of time since the Administrative Authority issued its decision until the case reaches the Court for a final judgment, when many changes in the market structure have taken place. In particular, it had to determine what courses of action -if any- were available to the Company to have the sanctions imposed upon it reviewed. Background Of The Case On the 10 September 2006, Mc Lane filed a complaint before the Spanish Competition Administrative Authority, on the basis of Art. 82 [86] of the EC [1] and its equivalent under the Spanish Competition Law Act (Art. 6), in light of TABACALERA S.A. (currently

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  • University College London

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Andrea Mackielo, The Spanish Supreme Court clarifies the course of action to be sought for the review of changing circumstances (McLane España / Dirección General de Defensa de la Competencia), 24 February 2009, e-Competitions February 2009, Art. N° 30201

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