The Spanish Supreme Court annulls a judgment of the Appellate Administrative Court and quashes a decision of the Spanish Competition Authority that imposed a substantial fine on several power generating companies for abusing their dominant position in the Spanish electricity market for technical restrictions (Unión Fenosa)

In a judgment delivered on January 27, 2010, the Spanish Supreme Court annulled a judgment of the Appellate Administrative Court of May 23, 2007 and quashed a Decision of July 7, 2004 of the Spanish Competition Authority (“NCA”) imposing a substantial fine on several power generating companies for abusing their dominant position in the Spanish electricity market for technical restrictions. Factual background This case dates back to November 2001 when the Spanish Energy Regulator submitted a report to the NCA regarding the conclusion of an investigation it had carried out to determine the reasons behind the setting of particularly excessive prices during three days in November 2001 by several power generating companies. After more than two years of investigation, the NCA ruled on July

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Authors

  • Airbus Defence and Space (Toulouse)
  • Pernod Ricard (Paris)

Quotation

Jaime Garcia-Nieto, Hervé Ajouc, The Spanish Supreme Court annulls a judgment of the Appellate Administrative Court and quashes a decision of the Spanish Competition Authority that imposed a substantial fine on several power generating companies for abusing their dominant position in the Spanish electricity market for technical restrictions (Unión Fenosa), 27 January 2010, e-Competitions January 2010, Art. N° 30709

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