The Spanish High Court annuls the Competition Authority’s €60,000 fine against a road transport association for lack of motivation and error in the qualification of the conduct (ASEMTRASAN)

The Spanish National High Court (Audiencia Nacional, “Spanish High Court”) has annulled the fine that the Spanish National Commission of Markets and Competition (Comisión Nacional de los Mercados y de la Competencia, “CNMC”) imposed to the Asociación de Empresarios de Transportes Discrecionales de Mercancías por Carretera de Santander y Cantabria (“ASEMTRASAN”) in the decision issued on February 11, 2015, in case S/0464/13 – Puerto de Santander. More precisely, the Spanish High Court has upheld the appeal filed by ASEMTRASAN against the aforementioned decision for lack of motivation and error in the qualification of the conduct. In addition to the obligation of the CNMC to pay back the amount of the fine (€60,000) already paid by the appellant, the real significance of this judgment is a sharp

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Carlos A. Ruiz García, Floriane Sement, Juan Landecho Canosa, The Spanish High Court annuls the Competition Authority’s €60,000 fine against a road transport association for lack of motivation and error in the qualification of the conduct (ASEMTRASAN), 29 January 2021, e-Competitions January 2021, Art. N° 101966

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