The Spanish Competition Commission rejects that a public entity exceeding its legal authority, but not acting as an economic operator, can be held responsible for participating in anticompetitive conducts (Junta de Andalucía)

On July 16, 2013, the National Court issued judgment number 3472/2013 on the appeal the Junta de Andalucía submitted against the decision of the Comisión Nacional de la Competencia (Spanish Competition Commission, “CNC”), of October 6, 2011. The National Court considered that when a public entity exerts public functions exceeding its legal authority, but does not act as an economic operator, it cannot be held responsible for participating in anticompetitive conduct. Background Through its decision in case S/0167/09, the CNC held the Junta responsible for playing a key role in organizing and monitoring the implementation of a scheme to fix the prices of sherry grapes and