The Spanish Supreme Court rules on the discussed criteria for calculating fines due to infringements in competition law (BCN Aduanas y Transportes, Bofill Arnán)

On 29 January 2015, the Spanish Supreme Court ruled in the judicial proceedings raised by "BCN Aduanas and Transportes, S.L." against the decision of the Spanish Competition Commission (SCC), dated on 3 December 2011, pursuant to the sanctioning proceedings S/0269/10 (the "Decision"). This judgment of the Spanish Supreme Court is particularly relevant since it decides on the criteria applicable when calculating penalties that are imposed by the SCC under Article 63.1 of the Spanish Competition Act (SCA) . This issue has been widely discussed in the Spanish jurisdiction. A. Background of the case In its Decision, the SCC stated that "BCN Aduanas and Transportes, S.L.", along with "Bofill Arnán, S.A.", were jointly responsible for an anticompetitive practice of fixing, directly or

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Rafael Maldonado, The Spanish Supreme Court rules on the discussed criteria for calculating fines due to infringements in competition law (BCN Aduanas y Transportes, Bofill Arnán), 29 January 2015, e-Competitions Bulletin January 2015, Art. N° 71865

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