The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL)

Between June and July 2018, the Spanish Supreme Court has granted leave to proceed to several appeals in competition law cases by means of Orders that recognised the special cassation relevance of the ‘fortuitous discovery’ doctrine. In these appeals, the Supreme Court will analyse the substance of the issue to further develop the case law pursuant thereto. The ‘fortuitous discovery’ doctrine states that the evidence gathered during an adequate and proportional inspection by Competition Authorities (such as the Spanish Competition Authority - “CNMC”) may be used in separate infringement proceedings. [1] This doctrine is also found in the European Court of Justice (“ECJ”) case law, ever since the Dow Benelux judgment established that “it cannot be concluded that the Commission is barred from

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Carlos Vérgez Muñoz, The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL), 16 July 2018, e-Competitions Bulletin July 2018, Art. N° 88657

Visites 47

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues